TRADING TERMS & CONDITIONS
Wendy Powell Jones is an artist. Sales of goods and services by her are governed by the terms below.
All orders are accepted and goods supplied to the following express terms and conditions (standard conditions of sale) and save to the extent that the exclusion or restriction of liability may be prohibited by statute, all other conditions , warranties and representations, expressed or implied and statutory otherwise, except as to title, are hereby excluded. Any order placed by a Customer shall constitute an offer to contract upon these express terms and conditions and no addition thereto or variation therefrom whether contained in the Customer’s order; or otherwise shall apply unless expresssly agreed in writing .
All orders are subject to availability of the goods. Any prior confirmation by telephone or email shall be deemed to be provisional only.
Cancellation or amendments of orders may be subject to a charge as stated in Clause 11b.
3. Manufacturer’s Specification
Wendy Powell Jones will not be liable in any respect for any loss or damage caused by or resulting from any variation for whatever reason in the Manufacturer’s specifications and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. Wendy Powell Jones will endeavour to advise the Customer of any such impending variation as soon as it receives notice from the Manufacturer.
4. Value Added Tax (VAT)
VAT is automatically added to the cost of Goods where applicable.
5. Delivery and shipping charges
Delivery charges are automatically added to the cost of Goods as part of the process of submitting an order. Paintings and Ceramics are heavy and delicate items which have to be packed carefully. Therefore, UK post & packing is charged at a minimum of £5 per order. For International orders, an additional charge will be made depending on country and weight of order but agreement for this will be confirmed by email before shipping and before charging the credit card. We reserve the right to change shipping costs and to discuss this charge before accepting any order.
6. Passing of Risk and Property
Risk in the Goods passes to the Customer on delivery.
Property in the Goods shall remain with Wendy Powell Jones.
7. Defects and Use
As expressly stated within Wendy Powell Jones’s standard conditions of sale and to the extent that the exclusion or restriction of liability may be prohibited by statute, Wendy Powell Jones shall not be liable for any loss of whatsoever to whomsoever or whatsoever nature caused arising out of the use of Goods. The Customer shall indemnify Wendy Powell Jones against all claims made against Wendy Powell Jones by any third party in respect thereof, unless otherwise agreed. a) Where the Goods are rejected by the Customer for whatsoever reason, Wendy Powell Jones will only accept the return of such goods provided that it receives written notice within 21 days and that the Goods are returned within 21 days of receipt of the Goods with the original packing and must be returned in the same condition that it was dispatched to the Customer. Any damage or loss to either Goods or packaging will affect the amount of refund made. b) Where the Goods are found to have defects or faulty workmanship in the Goods the Customer shall not be entitled to receive any compensation, credit or refund in excess of that received by Wendy Powell Jones under any guarantee or warranty given to it by the Manufacturer or supplier.
8. Return of Goods
Goods will not be accepted until a Return Authorisation number has been obtained and the Goods have been returned to Wendy Powell Jones at the Customer’s expense. All Goods must be returned in good saleable condition within 30 days to ensure a full refund.
a) Payment shall be in advance. b) Wendy Powell Jones reserves the right to suspend deliveries where payment is not received in accordance with sub-clause (a).
Any times quoted for despatch are to be treated as estimated only and without prejudice, although every endeavour will be made by Wendy Powell Jones to adhere to them. Quotations or offers of goods ex stock are subject to the Goods being unsold at the time of receipt of the Customer’s written order (mail, fax or email). All despatch dates are calculated from the date of acceptance of Wendy Powell Jones’s written order.
11. Customer’s Default and Cancellation and Re-scheduling of Deliveries.
a) If the circumstances or status of the Customer changes, for whatever reason Wendy Powell Jones reserves the right without prejudice, to cancel or suspend trading with the Customer including orders in progress.
b) Requests by a Customer for cancellation or amendment of an order or for the re-scheduling of deliveries will only be considered by Wendy Powell Jones if made in writing (mail, fax or email) and shall be subject to the written acceptance of Wendy Powell Jones or if cancelled or re-scheduled at the request of the Customer, then the Customer will indemnify Wendy Powell Jones against all loss costs (including the cost of labour, materials used and overheads incurred), damages, charges and expenses arising out of the order and the cancellation, amendment or rescheduling thereof to be calculated at 5% of the value of the order.
12. Force Majeure
Wendy Powell Jones shall not be liable for the cancellation of any order or unfulfilled part thereof or for the effecting partial delivery if performance by Wendy Powell Jones is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of Wendy Powell Jones whether such cause existed or was foreseeable at the date of acceptance of the Customer’s order by Wendy Powell Jones or not and without prejudice to the generality of the foregoing, any cause shall be deemed to prevent, hinder or delay Wendy Powell Jones if Wendy Powell Jones is thereby prevented, hindered or delayed from fulfilling other commitments whether to the Customer or to third parties.
13. Non-Standard Products
Unless otherwise stated the Goods are supplied in accordance with the Manufacturer’s standard specification. In no circumstances will it consider cancellation of such non-standard products or the return of the Goods.
14. Exclusion of Liability
a) Except where provided for otherwise in these Conditions, Wendy Powell Jones shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default by Wendy Powell Jones or its servants or conditions or other terms, whether expressly excluded providing that nothing in this paragraph shall exclude or restrict any liability of Wendy Powell Jones or its servants or agents.
b) In any event, Wendy Powell Jones’s liability shall be limited to direct loss and shall not include indirect or consequential loss.
The waiver by Wendy Powell Jones or any breach of any term hereunder shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach.
In no event shall Wendy Powell Jones be liable for indirect or consequential expenses incurred or damages. Wendy Powell Jones disclaims all liability to the Customer for any losses as a result of negligence or other tortious act by Wendy Powell Jones, her employees or agents.
It is hereby acknowledged by the Customer that the only terms and conditions of trade which apply to the supply of goods by Wendy Powell Jones to the Customer are those contained herein and no other.
The agreement shall be governed by and construed in accordance with the law in Wales and the Courts of Wales shall have jurisdiction to hear all disputes arising in connection with the agreement.