Terms and Conditions

Legal Notice

TERMS & CONDITIONS

These Terms and Conditions apply to all purchases made on this website.

Your contract will be with SpectorArt.

In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring to SpectorArt.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14th April 2019. When we refer, in these Terms, to "in writing", this will include e-mail. These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the SpectorArt website. Our Studio address is Eintrachtstrasse 15, Ahlen, 59227, Nordrhein Westfalen, Germany

1.2 Contacting us: You can also e-mail us via our helpdesk or contact our Customer Services team by telephone on Monday to Friday 9am-5.30pm, or by post to Eintrachtstrasse 15, Ahlen, 59227, Nordrhein Westfalen, Germany. Our team will be able to answer your queries in English or German. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

3. HOW WE USE YOUR PERSONAL INFORMATION

3.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when we send you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.

4.3 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

5. OUR RIGHT TO VARY THESE TERMS

5.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

5.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5.3 We may revise these Terms as they apply to an order which you have already made if that is necessary to reflect a change in relevant laws and regulatory requirements.

5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

6. YOUR CONSUMER RIGHT OF RETURN AND REFUND

This clause 6 only applies if you are a consumer.

6.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

6.2 However, this cancellation right does not apply if you purchase an artwork that has a custom-made frame or is an exclusive timed-release print. Additionally, items that are supplied with free frames and mounts cannot be returned on the basis that either/both the frame or mount is damaged, as the frames and mounts being free are not part of the sale. This does not affect your right to return any damaged picture that comes in a free frame or mount.

6.3 Except in the case where goods are received damaged (and then only in accordance with the appropriate terms and conditions) returns will not be accepted from outside the EU for any reason.

6.4 Your legal right to cancel a Contract starts from the date when we confirm despatch, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out below:

Your Contract End of the cancellation period

Your Contract is for a single Product.

The end date is 14 days after the day on which you receive the Product.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on the 24th of January.

Your Contract is for multiple Products which are delivered on separate days

The end date is 14 days after the day on which you receive the last of the Products ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect any or all of the separate Products at any time between 1 January and the end of the day on the 29th of January.

6.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is via our helpdesk. If you use this method we will e-mail you to confirm we have received your cancellation.

You can also contact us by any method shown in clause 1.2. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

6.6 If you cancel your Contract we will:

(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop.

(b) in the case of products returned from addresses in Germany: refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer;

(i) if you have received the Product and we have not offered to collect it from you: 7 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For address details, see clause 1.2;

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

6.7 If you have returned the Products to us under this clause 6 because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

6.8 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

6.9 If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 7 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or return it to us at the address given in clause 1.2;

(b) unless the Product is faulty or not as described (in this case, see clause 6.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.;

6.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms.

6.11 Any refunds requested with a value over of equal to £2,500 will be processed within 30 working days from day of request.

7. DELIVERY

7.1 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.

7.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

7.3 You own the Products once we have received payment in full, including all applicable delivery charges.

7.4 In the event the packaging is obviously damaged on arrival you should refuse delivery whereupon the product will be returned to us for appraisal.

7.5 Where you take delivery of the package you have 48 hours from the time of delivery to contact Customer Services by email to inform us of any damage subsequently discovered. All packaging must be retained and where possible please include photos of the damage. Our team will contact you with instructions on how the product will be returned. Failure to comply with these terms may affect your right to a refund or replacement. Please refer to 'my account' on the website.

7.6 We do dispatch unframed orders within 5-7 working days, subject to availability.

8. INTERNATIONAL DELIVERY

8.1 If you order Products from our site for delivery outside of Germany, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

8.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

9. PRICE OF PRODUCTS AND DELIVERY CHARGES

9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of Product(s) you ordered.

9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

9.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in Germany for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

9.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.

9.5 Our site contains a large number of Products. It is always possible that, despite our efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you [in writing] to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

10. HOW TO PAY

10.1 You can pay for Products in either of the following ways:

(a) using one of our Gift Vouchers (see 10.3)

(b) Bank Transfer

10.2 Payment for the Products and all applicable delivery charges is in advance.

10.3 The following terms apply to purchases using our Gift Vouchers:

(a) Each of our Gift Vouchers has a unique reference code. For purchases online, the code must be quoted.

(b) Our Gift Vouchers may be exchanged for Products: where the Product(s) being purchased are of a higher total price than the Gift Voucher, you must pay the difference by one of the other payment methods, outlined above.

(c) Where the Product(s) being purchased are of a lower total price than the Gift Voucher, the difference will be credited to you for use on your next purchase. No part of a Gift Voucher can be exchanged for cash or refunded.

(d) Each of our Gift Vouchers is valid for 12 months from the date of issue, following which the Gift Voucher (and any credit referred to in (c) above) cannot be used in a purchase from us.

(e) We do not accept liability for lost or stolen Gift Vouchers.

(f) SpectorArt Gift Vouchers are only available to use online.

(g) Our email sign up €25 discount voucher is excluded when purchasing one of our Gift Vouchers.

11. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 11 only applies if you are a business customer.

11.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes. This clause does not affect your rights as a consumer to privately sell the work.

11.2 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

11.3 Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

12. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 12 only applies if you are a consumer.

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.

13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you, and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

14. INTELLECTUAL PROPERTY

14.1 SpectorArt is the trading name used by Robert and Maryam Spector and may not be used in connection with any product or service without our written consent.

14.2 All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of SpetorArt and protected by German and international copyright laws. The content and software on this site may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of SpectorArt is strictly prohibited.

15. OTHER IMPORTANT TERMS

15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only

do so in writing, and that will not mean that we will automatically waive any later default by you.

15.6 If you are a consumer, please note that these Terms are governed by European law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by European law.

15.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of Germany shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

16. VOUCHER REDEMPTION TERMS

16.1 Voucher Codes (excluding gift vouchers) exclude any timed release and rare prints, unless otherwise specified.

Voucher terms also apply to all cashback and affiliate sites

Offers are valid within the dates specified only

Voucher codes can only be applied if products are ‘in stock’

Only one promotional voucher can be used per order

Voucher codes cannot be applied retrospectively to orders

Voucher codes that are not authorised by SpectorArt will not be honoured.

Voucher Codes are only redeemable online.

Voucher is excluded when purchasing one of our Gift Vouchers. (see section 10.3 - g).

16.2 Welcome Offer

If you register for our newsletter using our pop-up offer, please note that this offer is only available on our original artwork. Our voucher terms and conditions cited in 16.1 also apply.

Framing is excluded with this voucher.

17. COMMISSIONS OF WORK

Payment

When a bespoke commission has been requested you must pay a minimum 50% of the total cost of the commission in order for the artist to begin work. All commission deposits will be accepted by bank transfer only and the order will not be placed until funds have been received. In some circumstances, the artist may request payment in full before accepting the commission. In the event that a deposit has been paid the outstanding balance must be paid by bank transfer before the commission is released.

Timescales will vary from case to case and will be agreed with the artist at the point the order is placed.

Refunds

Due to the bespoke nature of an art commission, under no circumstance can commission orders be cancelled or refunded once the initial payment has been received unless there is an issue with the completion of the commission as notified by the artist. Receipt of full payment or the minimum deposit will initiate the start of work on the commission and commit the customer to paying the balance upon completion of the commission.

Artist reserves the common-law copyright to all commissioned works that the artist creates, including all reproduction rights and the right to claim statutory copyright. The patron may reproduce no work without the prior written approval of the artist.

Shipping and Insurance

In the event, the commission presents specific delivery issues we will agree with you what delivery charges will apply. Please see our delivery information page with regards to specific delivery methods available to yourself.

18. PROMOTIONAL OFFERS

£25 off welcome voucher is not eligible in conjunction with other promotional offers.

PROMOTIONAL EXCLUSIONS

Promotion is exclusively for SpectorArt.

Discount is not valid on any pieces that are already discounted. e.g. Special Price Reduction.