This site is owned byNick Oneill Art
Any purchase of goods from the site Nick Oneill art (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer and Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
The provisions hereof cannot deprive the customer of their right to legal warranty requiring THE MERCHANT to protect the customer against latent defects of goods sold.
The customer is expressly informed that THE MERCHANT is not the manufacturer of the goods presented in THE MERCHANT SITE and that THE MERCHANT shall not be held liable for defective goods.
In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.
All products sold on THE MERCHANT SITE are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by THE MERCHANT are not covered by this warranty.
The warranty can be extended according to the terms provided in store and on the website.
Right to cancel
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification .
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
All personal data you provide us is used to process your orders. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.
“You” and “your” relates to the natural person reading this document that is: considering purchasing, has purchased from Nick oneill art or is making an enquiry.
HOW WE USE YOUR PERSONAL DATA
We will use the personal information you supply to us in the course of submitting an order for the purpose of fulfilling that order.
Along with, or instead of, placing an order you may have sent an enquiry to us, in which we will use the information you’ve provided to respond to and answer the enquiry.
We may contact you by telephone, email or other means in relation to your order, for example: notifying you of delivery status, updating you on stock availability or informing you of changes with the order. You cannot opt out of these communications. We will never combine these communications with marketing promotions that you have a legal right to opt out of.
We may use your data for marketing purposes but will always provide a means for you to opt out. We may occasionally use the data you supplied, in our own Legitimate Interest, to send details of products and services that we believe may be of interest to you. We will never use your data in a way that conflicts with your own legal rights and interests.
If we share information with a third party, such as a payment gateway or delivery company, their use of your data will be limited to the purpose of fulfilling your order.
We will make our reasonable endeavours to ensure that all third parties treat your personal data in a legal and appropriate way.
We endeavour not to transfer the data of EU citizens outside the EU but where we cannot avoid it we will only do so via a third party that have conformed to all of the appropriate EU legislation providing equivalent protection to that if the data was retained within the EU.
WHAT DATA DO WE HOLD?
We hold the personal data that you supplied in the course of placing your order or enquiry.
The data normally consists of: product information, transactional information, fraud checking information, name, address, phone number, email, special delivery instructions and potentially other information to ensure the successful completion of your order.
We may hold notes of our communication with you through different channels including, but not limited to: email, live chat, CRM (Customer Relationship Management system) and phone.
We will not seek personal information from you relating to race, religion, political affiliation, trade union membership, sexual orientation, medical or genetic history and we ask you not to provide such information to us under any circumstances.
HOW WE HOLD YOUR PERSONAL DATA
We will retain the personal information you supply to us in the course of submitting an order or an enquiry, for the purpose of fulfilling that order, responding to or processing that enquiry.
If you place an order, we will retain an electronic copy of your invoice data for the period required by HMRC, after which we will delete it.
Your information will be: securely stored on hardware that has limited access to only relevant persons; and on a server maintained by a third party such as a web host. Whether held by us on our hardware, or on our behalf by a third party, it will be kept secure and protected from unauthorised access using all reasonable means.
CO-OPERATING WITH LEGAL AUTHORITIES
If requested, we will pass information about you (and if relevant, your business) to legal authorities who have the legal right to demand such data.
We may use personal data for automated decision making; we may send you emails, notifications or other communication that are tailored to you and based on your purchasing history.
Some advertisers, particularly Facebook and Google (but there are others), are used by us and decide what advertisements to show to people based on automated processing of personal information, in order to make those advertisements as relevant as possible to the people who see them. These advertisers should provide the means for you to opt out of such personalisation.
If you have engaged with us, but never placed an order, you may request the complete deletion of your details from our systems. Whether or not you have placed an order, you may request us never to contact you again, and we will comply with your request unless you make a further enquiry with us.
You have a number of rights in addition to those mentioned above, including access to the information (“the right to be informed”). If we process your data for marketing purposes on the basis of your Legitimate Interest, you have the right to object. You also have the right to withdraw your Consent to being marketed to, if you previously gave your Consent.
You have the right to see the data held about you and to receive a copy. You have the right to have any errors corrected. You have the right to ask and be told where your data came from.
You can exercise any of these rights by contacting us using the details below.
You have the right to lodge a complaint with the Information Commissioner’s Office (ico.org.uk) if you believe any of your rights are being infringed.
HOW TO CONTACT US
If you have any questions or concerns, please do not hesitate to contact us through firstname.lastname@example.org .