Terms of Service
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Service) listed on our website DAVIDROMANART.COM (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.
Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Last updated: December 2021
Terms Of Sale
1. INFORMATION ABOUT US
1.1 We operate the website DAVIDROMANART.COM. We are David Roman Art, a company registered in England and Wales. Our registered business address is 110M Jubilee Centre, 130 Pershore St, Birmingham, B5 6ND, UNITED KINGDOM.
1.2 To contact us, please email email@example.com.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site, if any.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. CONSUMER TERMS
4.1 You may only purchase Products from our site if you are at least 18 years old.
4.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We reserve the right to revise these Terms from time to time.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will update the Terms on the website.
8. RETURN AND REFUND POLICY
8.1 All sales are final. We do not issue refunds, accept cancellations, or allow exchanges to be made. On a case by case basis under extenuating circumstances, at our discretion, if we determine a refund is warranted, a 5% fee will be deducted from the refund.
8.2 All shipping fees and international duty/tax are non-refundable. If in any instance a refund is granted, credit cards will be refunded in GBP at the exchange rate effective at the time of the refund. The cardholder assumes all responsibility for any fluctuations in exchange rate and/or fees levied by their bank.
8.3 In order for us to provide the best customer service, any concerns regarding orders must be received in writing within 30 days of placing the order or 15 days within delivery of the order.
9.1 We do not ship to P.O. Boxes or Freight Forwarders. Please allow up to 7 business days for order verification and processing, and an additional 10 business days for delivery*. (*These are estimated timeframes and are not guaranteed.)
9.2 A confirmation email will be sent to the email address provided by the client including tracking information. All packages delivered will require a signature. In the rare event that your package is delivered and is damaged, please take pictures and include all original packaging. Please notify DAVID ROMAN ART within 24 hours of signing for the package and email pictures of the damage and packaging to firstname.lastname@example.org. If the damage occurred during shipment DAVID ROMAN ART will take full responsibility to either repair or replace the damage.
9.3 All domestic orders are shipped Royal Mail, ParcelForce or Evri. International orders (to select countries) are shipped with ParcelForce. Shipping fees are calculated as flat-rate per country and may include additional fees calculated on a per item basis and determined by order weight. Fees may include an additional handling charge.
9.4 We are not responsible for any lost or stolen items. The buyer assumes all responsibilities of claims made with the shipping carrier.
10. INTERNATIONAL DELIVERY
10.1 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not always include delivery charges. Our delivery charges are as quoted on our site and at the point of order.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. HOW TO PAY
12.1 You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, Mastercard and Amex. We also accept PayPal.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13. OUR LIABILITY TO YOU AS A CONSUMER
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. COMMUNICATIONS BETWEEN US
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
15.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to firstname.lastname@example.org.
15.3 If we have to contact you or give you notice in writing, we will do so by e-mail address you provide to us in your order.
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
16.2 You may not transfer your rights or your obligations under these Terms to another person.
16.3 Subject to clause 16.1, this contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive juriafiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17. PROMOTION CODE TERMS
17.1 Promotion codes are only valid for orders placed online.
17.2 Promotion codes entitle you, at the time of ordering, to a saving on a new order placed with DAVIDROMANART.COM.
17.3 DAVIDROMANART.COM reserves the right to decline to accept orders where, in its opinion, a promotion code is invalid for the order being placed.
17.4 Promotion codes are only valid while stocks last, may exclude certain products and may be withdrawn at any time.
17.5 Only one promotion code can be used per order.
17.6 Promotion codes are not valid in conjunction with any other promotion. Offer is not valid on sale items or other discounted items.
17.8 In the event of part of the order being returned, the value of the discount applied on that order will be spread between the goods proportionately. The sum in cash exceeding this value, will be returned to the customer.
17.9 In the event of part of the order being returned, the value of the promotion code will be deemed to be spread between the goods proportionately. The sum in cash exceeding this value, will be returned to the customer.
17.10 In the event of any returns meaning that the order no longer qualifies for the promotion advertised, DAVIDROMANART.COM reserves the right to deduct the value of the offer from the refund.
17.11 In promotions where there is a free or half price item when purchasing multiple items, please note that the discount will be applied to the cheapest item.
17.12 DAVIDROMANART.COM reserves the right to change these Terms and Conditions at any time.
18. PURCHASE FOR PERSONAL USE ONLY
18.1 Buyers may purchase products only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale. We reserve the right to refuse orders for any reason without explanation.
19. ALL CONTENT IS PROTECTED BY COPYRIGHT LAWS
19.1 Images, text, data, software, documentation, electronic text and image files, audio and video files and clips, design and other materials on the DAVID ROMAN ART Website (collectively “Content”) are protected by UK and international copyright laws and may be covered by other restrictions as well. 19.2 Any unauthorized use of protected materials may violate intellectual property laws and the Terms and Conditions of Use. Anyone wishing to use any Content for any purpose other than fair use as defined by law, must request and receive prior written permission. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.