Terms of Use

These terms and conditions apply between you, the user of this Website, sarahwarrs.com (the Site) and Sarah Warrs, the owner and operator of this website. This Site provides a marketplace that allows you (the Client/Buyer) to purchase artwork (Products) direct from myself (the Seller)

Please read these terms and conditions carefully as they affect your legal rights. Your agreement to comply with and be legally bound by these terms and conditions is deemed to occur upon your first use of the Website. Should you not agree to be bound by these terms and conditions, you should stop using the website immediately.

I reserve the right to make changes to the Site and Terms at any time. Any changes will be visible here so please ensure to review them each time you visit.

In these terms and conditions, User or Users means any third party that accesses the website and is not either (i) employed by Sarah Warrs and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Sarah Warrs and accessing the Website in connection with the provision or such services.

1.     INFORMATION ABOUT ME AND HOW TO CONTACT ME   

I am Sarah Warrs and operate the website www.sarahwarrs.com. I am an individual artist based in England. I can be contacted on 07951 400843 or at sarahwarrs@hotmail.com.

2.     INTELLECTUAL PROPERTY AND ACCEPTABLE USE

2.1 All content included on the Website, unless uploaded by other Users, is the property of Sarah Warrs, our affiliates or any other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by Users. By using the Website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property right. You will not use any trademark, logo or service mark displayed on this site without the owners prior written permission.

2.2 All intellectual property rights, including without limitation the copyright in the artwork are owned by Sarah Warrs. Under no circumstances does the ownership of any such rights transfer to you. You agree that no licence in the works is granted to you. You agree not to reproduce the work in any manner, including without limitation making scanned copies or taking photographic images of the work.

3.     THE PRODUCTS

3.1 The images on this site are for Illustrative purposes only. Every effort is made to try and display the colours accurately but due to individual media device settings, these may not  reflect the colours of the original products exactly. Every effort is made to be as accurate as possible however as all products are handmade, the sizes, weights and dimensions indicated in the descriptions will have a tolerance.

3.2 Packaging of products may vary from those shown on the images within my site.

4.     MY CONTRACT WITH YOU

All Products shown on the Site are subject to availability. When you place an order, you will receive an e-mail acknowledging that your order has been received. At this point, your order has not been accepted. Acceptance of your order will take place at order confirmation once payment has been made. At this point a contract will exist between you and I.

(a)  Where shipping costs are advised to you during the checkout process. My acceptance of your order will take place when an acceptance email is issued.

(b)  Where shipping costs are not advised to you during the checkout process or if they are marked as “Zero” during the checkout process. My acceptance of your order will take place when I email you after we have agreed shipping costs with you.

4.2 The ordering process allows you to check and amend your order before you submit it. Please ensure that you have take then time to check everything carefully before making your final purchase request.

4.3 If I am unable to accept your order for any reason then I will contact you in writing and you will not be charged for the product. This may be because the product is out of stock, because of unexpected limits on my resources that I could not reasonably plan for or because I have identified an error in the price or description of the product. The same action will apply if I am unable to meet any delivery deadline that you have specified. If any payment transaction has been completed, this shall be refunded to you via the credit or debit card initially used to pay for the product.

4.4 An order number will be assigned to you to help me identify your requested product.

5.     YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make any change to the product you have ordered please contact me and I will advise if that change is possible. If changes are possible then I will let you know of any change to the price of the product, delivery lead time or anything else that may be necessary as a result of the requested change. You will then confirm if you are happy to proceed.

5.2 If I cannot make the change or any consequence of making the change is unacceptable to you, please see clause 6 regarding your rights to end the contract.

6.     YOUR CANCELLATION RIGHTS

6.1 This clause 6 shall only apply if you are a consumer on my site

6.2 You have the legal right to change your mind and cancel a Contact under the Consumer Contract Regulations 2013 during the period set out in clause 6.4. If you change your mind during this period, you can notify me of your decision to receive a refund. If the product has already been shipped to you then this refund will be subject to any deductions of returning the product to me in its original packaging unless I have agreed otherwise. Products must be securely packed to avoid damage in transit. You must also include any certificates provided with the product.

6.3 You do not have the right to change your mind and cancel the contract if the product has been made to your specifications and is clearly personalised. For example a commission or any alteration of an existing product that has been requested by you.

6.4 You have a 14 (fourteen) day cooling-off period in which you can cancel starting from the day that you receive the product. To cancel the contract please email me in writing at sarahwarrs@hotmail.com.

6.5 If the product is faulty or mis described then a refund will be issued upon return of the product as clause 6.2.

6.6 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products whilst in your possession. If the value of the Product is diminished as a result of your handling of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product, I may recover that amount from you, up to the value of the Product, by either: (i) deducting that amount from the refund due to you; or (ii) otherwise requiring you to reimburse this amount.

6.7 I will refund you within 14 days after (i) the seller receives the product back or (ii) the day on which you provide evidence that the product has been returned. This will be the price that you paid for the product including delivery costs by the method you chose to pay. However, I may make deductions for the following reasons below.

6.8 Deductions from refunds if you are exercising your right to change your mind. If you are changing your mind then I may reduce your refund of the price (excluding delivery costs) to reflect any reduction in value of the good. i.e. if this has been caused by your handling in a way which would not be permitted in a shop. Should I have refunded you before I am able to inspect the returned product and later discover damage from them being handled in an unacceptable way, you must pay an appropriate amount to cover that damage.

6.9 The maximum refund for delivery cost will be the least expensive delivery method that I offer. For example if a 3-5 day delivery service is offered but you chose to have the product within 24hrs at a higher cost, I will only refund based on the cost of the cheaper delivery option.

7  MY RIGHTS TO END THE CONTRACT

7.1 I may end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to me when due and you still do not make payment within 14 days of me reminding you that a payment is due.

(b)  you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the products.

(c)  you do not, within a reasonable time, allow me to deliver the products to you or collect them from me.

(d)  you do not, within a reasonable time, allow me access to your premises to supply the services; or

 7.2 You must compensate me if you break the contract. If I end the contract in the situations set out in clause 7.1, I will refund any money you have paid in advance for products that I have not provided but I may deduct or charge you reasonable compensation for the net costs incurred as a result of your breaking the contract or for any damage to the goods.

8.     DELIVERING THE PRODUCTS

8.1 For smaller items, delivery will be confirmed at the checkout process. For other items, I will contact you after the order has been placed to advise delivery costs. Should the delivery cost not be acceptable and paid by you within 14 days of notification, I reserve the right to cancel your order.

8.2 You are responsible for any duties, taxes or other charges incurred outside of the UK.

8.3 I will ship the product as soon as is reasonably possible and within 5 working days of the date that your order was accepted. Please allow a further 5 days for delivery to be made. For international deliveries, this will be longer for issues such as customs clearance.

8.4 I am not responsible for any delays outside of my control. If delivery is delayed by an event which is outside of my control then I will contact you as soon as possible to let you know. I will then take appropriate steps to try and minimise that delay.

8.5 If you are not home when the product is delivered please contact the courier to rearrange delivery. Where available all deliveries will be tracked and signed for.

8.6 If after a failed delivery attempt, you do not rearrange delivery or collect from your delivery depot, I will contact you for further instruction. You may be charged for storage cost and any further delivery charges incurred. If, despite all my reasonable efforts, I am unable to contact you or rearrange delivery or collection then I may end the contract and clause 7.1 will apply.

9.     IF THERE IS A PROBLEM WITH PRODUCTS

9.1 If you have any questions or complaints. Please contact me at sarahwarrs@hotmail.com or you can telephone me on 07951 400843.

9.2 Nothing in these terms affects your legal rights.

10.  PRICE AND PAYMENT

10.1 Pricing of products will be indicated (including VAT) on the order pages. I will take all reasonable care to ensure that the price of the product advised is correct.

10.2 Price for products may change from time to time, but changes will not affect any order for which I have issued an order confirmation.

10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time. However, if the rate of VAT changes between the date of your order and the date of the Order Confirmation I will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.4 The price of a product does not include delivery. Delivery charges will be advised at point of order or following your purchase request should they not be advised at order placement. You can then review and accept the full order amount before your order is confirmed.

10.5 There is always a possibility that, despite my best efforts to have correct information available, some of the products I sell may be incorrectly priced. This is normally checked before accepting your order so if anything is wrong then I can contact you to advise what the correct price should be.

10.6 I accept payment with the providers shown on my website. You must pay upon order placement.

10.7 If you think a payment which has been debited form your card is incorrect, please contact me straight away.

11.  LIABILITY IF YOU ARE A CONSUMER

 11.1  This clause 11 shall only apply if you are a consumer on my site.

 11.2  If the Seller fails to comply with these Terms, the Seller (as appropriate) are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or negligence, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if it was contemplated by you and the Seller at the time we entered into the Contract.

11.3  Products are supplied for domestic and private use only. You agree not to use the Product for any commercial, business or re-sale purposes. The Seller does not have liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 11.4 The Seller does not in any way exclude or limit the liability to you where it would be unlawful to do so under the terms set out in the Consumer Rights Act 2015.