1. Your relationship with Arttraffic
1.1 These terms form a binding legal agreement between you and Arttraffic (we, us, our), whose principal place of business is at Unit 12, Greenbank Industrial Estate, Newry, County Down, Northern Ireland BT34 2QU. These terms are in addition to the terms of use provisions displayed on www.arttraffic.co.uk (Terms of Use), and you and we agree that the Terms of Use are extended to include these terms in relation to any purchase by you of any artistic work (Work) from the Site. To the extent any provision of these terms conflicts with any of the Terms of Use, the provisions of the Terms of Use shall prevail. By accepting these terms you agree to be bound by their effect. Definitions used in these terms have the meaning given them in the Terms of Use.
2. Payment
2.1 Upon accepting these terms as part of the purchase of a Work you agree to pay the purchase price indicated on the Site for that Work.
2.2 Upon receipt of your payment in cleared funds, we will notify the seller of the Work that payment has been made, whereupon either:
2.2.1 the artist will arrange for the dispatch of the Work to you and the provisions of clause 3 of these terms will apply; or
2.2.2 the artist will notify us that the Work is no longer available whereupon we shall contact you to inform you of this, and (where possible) offer you a similar artistic work of the same value. If you inform us that you do not wish to accept any alternative artistic work we shall refund your original payment to you.
3. Despatch and Right of Return
You must ensure that you give as full and current details of your address as possible. In certain circumstances, you may be required to make certain arrangements in relation to delivery (for example, arranging for somebody to be present at the delivery address at a particular time), and you must ensure that you comply with any such arrangement where reasonably required to do so.
3.2 In the event that you do not comply with the obligations imposed by you in clause 3.1 above and the Work is returned to the artist for any reason (including, without limitation, as being undelivered) you may be required to pay further costs for any repeat delivery.
3.3 You accept and agree as reasonable that, where at any one time you purchase more than one Work, the Works may be delivered in instalments if they are not available at the same time for delivery.
3.4 If, within one month of your making payment in accordance with clause 2.1 of these terms:
3.4.1 you notify us that the Work has not been delivered to you, we will contact the artist to commence investigations. In the event that we are reasonably satisfied that delivery of the Work has not occurred, and that non-delivery is other than as a result of your breach of clause 3.1 of these terms, and other than as a result of any circumstances beyond the artist’s reasonable control, we will refund you the payment made by you for the Work;
3.4.2 you notify us that the Work has been delivered to you, but is damaged, we will ask you promptly to return the damaged Work to the artist, and also promptly to provide to us a good quality photo showing all damage in reasonably clear detail. Where it is found that a faulty Work was dispatched by the artist, or that damage to the Work was caused in transit to you, we will refund you the payment made by you for the Work;
3.4.3 you notify us that the Work has been delivered to you, but that you wish to return it, we will refund you the payment made by you for the work provided that: applicable law requires us to do so upon your request;
notify to us your wish to return the Work within fourteen days of receiving the Work; promptly upon such notification you dispatch the Work to the artist at your risk and cost; and within twenty-one days of your notification the artist notifies us of return of the Work in its original condition.
4. Limitation of Liability
4.1 Arttraffic does not inspect, store or deliver any Works. Accordingly, you agree and accept as reasonable that to the maximum extent permitted by applicable law we shall have no liability to you other than the rights of refund detailed above. In particular and without limitation the exclusions of warranty and limitations of liability detailed in clauses 11 and 12 of the Terms of Use in relation to your use of the Site shall also apply in relation to your payment to us of any sum, and the delivery to you of any Work.
5. General legal terms
5.1 For the avoidance of doubt, the provisions of clause 14 of the Terms of Use shall apply.