5) PRODUCT DELIVERY AND STORAGE
5.1 Unless otherwise agreed by the parties, delivery of the Goods shall be to the Buyer’s home or business address.
5.2 The Goods may be delivered framed or unframed. The frame will encase the product and is separate from the actual delivery packaging for the Goods. The client acknowledges that the Goods are unique, rare and of high value and that the value of the Goods can be reduced by merely handling the Goods.
5.3 Indelible Fine Art will use its best endeavours to deliver the Goods inside the UK by the agreed date or within 90 days’ time if no dates are stated from receipt of full payment. All delivery dates are estimates only.
5.4 The Buyer must inspect the Goods upon delivery and advise Indelible Fine Art of any defects within 10 working days of delivery date or all complaints as to defects are waived.
5.6 Risk of loss or damage to the Goods passes to the Buyer upon sending via Royal Mail or Indelible Fine Art’s courier of choice.
5.7 Where the Buyer requests that the Goods be placed directly in the safe custody of another party on behalf of the Buyer, delivery shall be deemed to take place on the date the Goods are transferred into safe custody.
5.8 Indelible Fine Art will use its best endeavours to deliver the Goods outside the UK by the agreed date or within 90 days’ time if no dates are stated from receipt of full payment. All delivery dates are estimates only.
5.9 Buyer will use its best endeavours to take full responsibility of Goods on delivery. This includes the condition of Goods and all future decisions or costs in relation to Goods, without exception to storage, transporting or insuring.
5.10 If the Buyer opts for Indelible Fine Art to recommend storage. Indelible Fine Art will allow the Buyer to pay them for one year’s storage and will forward that cost onto the recommended storage facility without charging any extra fee for this service. Indelible Fine Art will not handle any monies for or towards insurance. The buyer will be required from that point to deal directly with the storage facility and sign relevant documents with them. Any future storage and insurance costs will be the responsibility of the Buyer.
5.11 If for any reason it is agreed that Indelible Fine Art shall store artworks for a customer, Indelible Fine Art shall provide a storage agreement outlining where the artwork shall be stored. Indelible Fine Art will also provide photographs of the Artworks condition when storing. At any time the customer can arrange collection of the Artwork with both Indelible Fine Art or the chosen storage facility.
6) RETURNS
6.1 If the Buyer is contracting as a consumer and has entered a contract for the sale of Goods with Indelible Fine Art by distance selling means (for example, via the telephone, by mail order or online), the Buyer has a statutory right to cancel for any reason and receive a full refund. The Buyer will receive a full refund of the price paid for the Goods in accordance with Indelible Fine Art refunds policy (set out below). The Buyer’s statutory right to cancel a contract starts from the date of the written invoice issued by Indelible Fine Art pursuant to clause 2.2 (when the contract between Indelible Fine Art and the Buyer is formed). If the Goods have been delivered to the Buyer/storage facility, the Buyer may cancel at any time within seven working days, starting from the day after goods are delivered to the Buyer/storage facility.
6.2 If the Buyer is contracting as a consumer and it has cancelled the contract between it and Indelible Fine Art within the seven-day cooling-off period (see clause 6.1 above), Indelible Fine Art will process the refund due to the Buyer as soon as possible and, in any case, within 30 days of the day on which the Buyer gave Indelible Fine Art notice of cancellation. In this case, Indelible Fine Art will refund the price of the Goods in full (except in the case of sealed Goods as described in clause 6.4). However, Indelible Fine Art reserves the right to refuse refund of any delivery, processing or administration cost involved in the transaction and the Buyer will be responsible for the cost of returning the item to Indelible Fine Art.
6.3 In all other cases not covered by clause 6.1, the Buyer may return any Goods delivered at the Buyer’s cost within 7 days of receipt by giving written notification of intent to return to Indelible Fine Art by registered post, confirmed fax, or confirmed email. If the Buyer decides to return the Goods, the Goods must be returned and received by Indelible Fine Art within 7 days of receipt of confirmed notice of return from the Buyer. If the Goods are not received within 7 days of receipt of confirmed notice of return from the Buyer, the sale is deemed final and no returns of the Goods will be accepted.
6.4 With the Goods, the Buyer acknowledges that the Goods are unique, rare and of high value and that handling of said Goods can reduce the value of the Goods.
6.5 Once a sale is deemed final, no returns will be accepted, and the Client hereby accepts and waives any claims he/she may have under English law or otherwise.
6.6 The Buyer is responsible for all delivery costs and insurance costs incurred for returned Goods.
6.7 Unless otherwise prohibited by English law, full reimbursement of the purchase price of the Goods, less costs stated above, shall be the Buyer’s sole remedy if the Goods are returned for any reason whatsoever.