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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER

General explanatory information

These are the terms and conditions (“terms”) on which we supply goods to you.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

We are Ken Young, trading as Ken Young Art. Our trading address is 19 Parklands Crescent, Dalgety Bay, Fife, Scotland, United Kingdom, KY11 9FN. Our email address is mail@kenyoungart.com.

You can contact us by writing to our trading address or sending an email via our Contact page.

If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order, or by speaking to you by telephone.

When we use the words “writing” or “written” in these terms, this includes emails.

1. The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

2. Acknowledgement of your order

To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

3. Ownership of rights

All rights, including copyright, in this website are owned by or licensed to Ken Young, trading as Ken Young Art. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

4. Accuracy of content

We have taken care in the preparation of the content of this website, to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.

5. Damage to your computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer or other device that you may be using. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

6. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.

7. Ordering errors

You may correct errors on your order up to the point on which you click on “submit” during the ordering process.

8. Price

The prices payable for goods that you order are as set out on our website. All prices are correct at the time of entering information. Please note, however, our position regarding delivery charges which is explained at Term 11 below.

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.

9. Payment terms

We will take payment upon receipt of your order. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

10. Delivery

We will deliver the goods to the address that you specify for delivery in your order. It is important that you specify this address accurately. We will aim to deliver the goods quickly, but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

We reserve the right to refuse orders originating from countries whose postal/delivery services entail high costs or are of uncertain reliability. Our decision in this regard is final.

11. Delivery charges

For goods which are ordered for delivery in the United Kingdom (“UK”), our stated prices include an element for delivery charges.

Additional delivery charges (or ‘shipping’, as it is known in some countries) are payable on orders from addresses outside the UK. If you live outside the UK, please contact us to enquire if (a) we can deliver goods to your country and (b) what the additional delivery charges may be.

If we are able to send goods to your country, any customs clearance fees, taxes and duties which are payable to your local/national authorities on arrival are your responsibility alone, and we accept no liability for them.

12. Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier, then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

13. Cancellation rights

13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134, you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

13.2 Should you wish to cancel your order, you can notify us by any clear statement made by email to us via our Contact page.

13.3 You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order).

13.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

13.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum which you have paid to us within 14 calendar days.

13.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you.

14. Cancellation by us

14.1 We reserve the right not to process your order if:

14.1.1 We have insufficient stock to deliver the goods you have ordered;

14.1.2 We do not (or cannot) deliver to your country or area; or

14.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information.

14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum paid by you to us as soon as possible, but in any event within 14 days.

15. If there is a problem with the goods

15.1 If you have any questions or complaints about the goods or delivery charges, please contact us. You can do so by emailing us at mail@kenyoungart.com or writing to us at our trading address.

15.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

15.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them (in person or by courier) from you. We will pay the cost of postage or collection.

16. Liability

16.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order we will provide you with a full refund.

16.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

16.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost opportunities, lost data, lost profits, lost revenues or business interruption.

16.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

16.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

17. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our trading address or email address and all notices from us to you will be displayed on our website from time to time.

18. Changes to legal notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

19. Law, jurisdiction and language

This website, any content contained therein, and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scots law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.

20. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

21. Privacy

You acknowledge and agree to be bound by the terms of our Privacy And Cookie Policy.

22. Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

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