TERMS & CONDITIONS: Last updated 1st June 2023
1. Purchasing
When purchasing a Tafimages product through a third party (for example a Gallery or Designer) please follow their terms and conditions and their contract of sale.
2. Acceptance of Order
Purchasing direct from Tafimages Limited, It is your responsibility to check all the details and aspects of your order are correct and that the goods are suitable for your requirements (including product features, measurements, dimensions, delivery and access) when we send through your order acknowledgement email. When you are in agreement with the requirements terms and conditions, upon receiving your acknowledgement by return email we will send you an invoice to be paid in full via PayPal upon receipt before we can process your order. All prices quoted will be shown in the currency of the GBP.
3. Storage
Take care when hanging your artwork to avoid direct sunlight, or particularly damp conditions which may warp and damage the materials used over time. We are unable to be held liable for conditions of use or incorrect storage as per manufacturer’s guidelines.
4. Payment
International customers will be responsible for the payment of any applicable import duties and taxes unless stated and included on the invoice.
Every effort is made to ensure that prices are correct at the time of publication. If an error has been made, we or you may cancel the order subject to the terms indicated under section 4.
We reserve the right to change prices without notice up until the time you have placed your order.
5. Colour & Anomalies
Although we are confident that our production process produces limited edition art that is as closely matched to the original product as possible, goods may not appear the same colour as shown on the website.
Please be aware that there may be differences in colours and visual qualities compared with various types of TV/PC monitors and other visual electronic screens due to settings or different versions of the printed catalogue.
Our manufacturers use natural wood for the frames. Within acceptable limits, there may occur blemishes in our frames – such as small knots – which can only be considered a naturally occurring phenomena and therefore not considered defective.
Contact Address and Company Details
Tafimages Limited
4 The Mill
Kingsteignton Road
Newton Abbot
TQ12 2QR
Directors
Adam Faith Co/Director
Tanya Faith Co/Director
Registered company number: 14730813
TERMS AND CONDITIONS OF SALE
1.1 In these Conditions: Buyer means the person whose name and details appear overleaf to whom the Company is selling the Goods or providing the Services Company means TAFIMAGES LIMITED (a private company registered in England with limited liability under registered number 14730813) whose registered office is at The Mill, Kingsteignton Road, Newton Abbot, TQ12 2QA Conditions means the terms and conditions of sale set out in this document Contract means the contract for the sale of the Goods to the Buyer subject to the Conditions Goods mean image, picture or print or any other goods a brief description of which appears overleaf which the Company is selling to the Buyer in accordance with the Conditions Goods or Services
- BASIS OF THE SALE:
2.1 The Contract made between the Company and the Buyer for the purchase of the Goods shall incorporate and be subject to these Conditions and receipt of the Goods by the Buyer shall be deemed conclusive proof that the Buyer has accepted these Conditions.
2.2 No other agreement, representation, statement or promise of any kind shall form part of, alter, vary, supersede or operate as a waiver of these Conditions or any of them unless expressly made or accepted by a director of the company in writing.
2.3 The Buyer shall not be entitled to rely on any typographical, clerical or other error or omission in any sales literature, brochure, leaflet or price-list in relation to any goods offered for sale on the website or by a third party Gallery. Any such error or omission shall be subject to correction without any liability on the part of the company.
- PRICE AND PAYMENT:
3.1 The price of the Goods is inclusive of Value Added Tax where applicable:
3.2 The Price of the Goods must be paid in full by the Buyer by a means approved by the Company.
- RISK AND TITLE:
4.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
4.1.1 at the time when the Goods are collected by or on behalf of the Buyer; or
4.1.2 in the case of the Goods being delivered to the Buyer’s address at the time of delivery or if the Buyer wrongly fails to take delivery of the Goods then at the time when the Company has tendered delivery of the Goods.
4.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Buyer until the Company has received payment in full of the price of the Goods in cleared funds.
- WARRANTIES AND LIABILITY:
5.1 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods must be notified to the Company in writing within seven days from the date of delivery. If the Buyer does not notify the Company accordingly the Buyer shall not be entitled to reject the Goods and the Company shall have no further liability of any nature whatsoever for such defect.
5.2 Wherever any valid claim in respect of any of the Goods which is based on any defect in their quality or condition is notified to the Company in accordance with these Conditions the Company shall against return of the Goods in their original condition refund to the Buyer the price of the Goods but the Company shall have no further liability of any nature whatsoever to the Buyer.
5.3 The sale of Goods does not include the copyright or other intellectual property right in the Goods and the Buyer acknowledges the moral rights of the artist. The Buyer shall not reproduce or permit reproduction of the Goods.
5.4 The Company shall not be liable to the Buyer by reason of any representation (whether given orally or in writing) or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract or in any manner whatsoever for any consequential loss or damage (and in particular but without prejudice to the generality of the foregoing) the Company shall not be liable for any costs, claims, damages or expenses arising out of any tortuous act or omission including negligence or any breach of contract or statutory duty which may arise out of or in connection with the purchase of the Goods by the Buyer (and whether caused by the negligence of the Company or its employees or agents or otherwise) save as may be expressly provided in these Conditions.
5.5 Any refund of any monies by the Company to the Buyer shall not under any circumstances be deemed to be an admission of any liability on the part of the Company to the Buyer (or to any third party) and shall be without prejudice to the rights of the Company which the Company hereby reserves in full.
5.6 All liabilities of the Company to the Buyer determined by a court of law as not having been excluded hereunder shall be limited in total to the total price of the Goods as shown on the Company’s invoice.
- SERVICES:
6.1 If the Company agrees to carry out Services then the provisions of these Conditions shall apply to such Services with the necessary changes save to the extent that this condition conflicts with such Conditions in which case the provisions of this condition shall prevail. Conditions 5.4 and 5.5 shall apply in relation to the Company’s liability to the Buyer for carrying out the Services save that Condition 5.5 shall not operate to exclude liability for damage to the Buyer’s property whilst in the possession of the Company for the purpose of Services due to the negligence of the Company. To the extent that any liability of the Company to the Buyer for any loss of the Buyer arising in connection with the Services is not effectively excluded then such liability shall be limited in total to five times the price payable by the Buyer for the Services.
6.2 The Company may sub-contract the Services in whole or in part and in doing so shall be deemed to act as the agent of the Buyer.
- GENERAL:
7.1 If any term or provision in these Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.
7.2 The waiver or forbearance or failure of the Company in insisting in any one or more instances upon the performance of any provisions of these Conditions shall not be construed as a waiver or relinquishment of the Company’s rights to future performance of such provisions and the Buyer’s obligations in respect of future performance shall continue in full force and effect.
7.3 Unless the content otherwise requires word importing the singular number shall include the plural and vice versa and words importing any particular gender shall include all other genders.
7.4 If the Goods are purchased for export from the United Kingdom the Company shall be entitled to impose such other terms and conditions as it shall require.
7.5 The Contracts shall be governed by the laws of England and the Company and Buyer hereby irrevocably submit to the exclusive jurisdiction of the English Courts.