Penbriar Limited – Terms and Conditions of Sale
1. Entire Agreement
These Conditions (together with any information or policies referred to in them) set out the entire agreement between you and Penbriar relating to the sale and purchase of artwork. These Conditions may only be varied by a written agreement signed by both you and Penbriar.
2. Our Contract With You
Your order constitutes an offer to purchase artwork from Penbriar in accordance with these Conditions. All orders are subject to acceptance by Penbriar. We are under no obligation to accept your order and may decline it at our sole discretion.
A contract between you and Penbriar will only be formed when we confirm in writing that the artwork has been dispatched or is ready for collection, or when payment has been received in full (whichever is earlier).
3. Descriptions and Condition of Artwork
All artworks are sold as seen and described. We take reasonable care to ensure that the descriptions and images of artwork are accurate; however, such information is for guidance only and does not form part of the contract.
You acknowledge that artworks may be subject to wear consistent with age and medium. It is your responsibility to inspect the artwork prior to purchase.
4. Price and Payment
The price of artwork will be as quoted by Penbriar at the time of sale. Prices may be subject to VAT and other applicable taxes. Payment must be made in full and cleared before collection or delivery of the artwork.
Penbriar accepts payment by bank transfer or other agreed payment methods. We reserve the right to cancel the sale if payment is not received in full within the agreed timeframe.
5. Ownership and Risk
Title to the artwork passes to you only once full payment has been received by Penbriar. Risk in the artwork passes to you on delivery or collection.
6. Delivery and Collection
Penbriar will arrange delivery or collection as agreed in writing with you. Any delivery times are estimates only and we will not be liable for any delay.
You are responsible for providing accurate delivery details. If delivery fails due to incorrect information, you may incur additional charges.
7. Import and Export
You are responsible for ensuring that any artwork purchased can be lawfully imported into your destination country and for obtaining any necessary permits or documentation.
Penbriar will not be responsible for any customs duties, import taxes, or other fees incurred.
8. Cancellation Rights
If you are a consumer (not purchasing in the course of a business) and the artwork is not custom-made or commissioned, you have a legal right to cancel the contract within 14 days of receipt. To exercise this right, you must notify us in writing and return the artwork in its original condition.
You will be responsible for return shipping costs unless the artwork is defective or not as described.
9. Liability
Penbriar will not be liable for any indirect, special, or consequential losses or damages. Our liability in respect of any artwork shall be limited to the price paid for it.
Nothing in these Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any matter for which liability cannot be legally excluded.
10. Data Protection
Your personal data will be handled in accordance with our Privacy Policy, available on our website. We will use your data to process orders and manage our relationship with you.
11. Events Outside Our Control
Penbriar will not be liable for any delay or failure to perform our obligations where such delay or failure is caused by an event beyond our reasonable control.
12. General
If any provision of these Conditions is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
These Conditions and any dispute or claim (including non-contractual disputes) arising from them shall be governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
Penbriar Limited
Registered in England and Wales
Company No: 16298737
Registered Office: 13 The Courtyard Timothy’s Bridge Road, Stratford-Upon-Avon, Warwickshire, United Kingdom, CV37 9NP
Email: Info@penbriar.com