Terms and Conditions

---

TERMS OF SALE FOR CHOUGHED ONLINE ART

BACKGROUND: 

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by me through this website, https://www.choughedonline.art ). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from my Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through my Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation 
2. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase and sale of Services, as explained in Clause 8;

“Order”

means my order for the Services;

“Order Confirmation”

means my acceptance and confirmation of your Order;

“Services”

means the services which are to be provided by me to you as specified in your Order (and confirmed in my Order Confirmation); and

“We/Us/Our”

means Choughed Online Art , whose main trading address is  Welbeck Avenue , Bromley BR1 5DN

1. Information About Me
2. My Site, www.choughedonline.art, is owned and operated by Choughed Online Art  whose main trading address is  Welbeck Avenue , Bromley BR1 5DN. 
3. Access to and Use of My Site
4. Access to my Site is free of charge.
5. It is your responsibility to make any and all arrangements necessary in order to access my Site.
6. Access to my  Site is provided “as is” and on an “as available” basis. I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice. I will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.
7. Use of My Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
8. Age Restrictions
9. Consumers may only purchase Services through My Site if they are at least 18 years of age.
10. None of the Services on Our Site may be purchased by anyone under `18 years of age.
11. Business Customers

These Terms of Sale do not apply to customers purchasing Services in the course of business. If you are a business customer, please contact to see the business terms and conditions. 

1. Services Location

My Services are available Worldwide subject to. the relevant delivery charges. 

1. Services, Pricing and Availability
2. I make all reasonable efforts to ensure that all general descriptions of the Services available from Me corresponds to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
3. Please note that sub-Clause 7.1 does not exclude My responsibility for mistakes due to negligence on My part and refers only to variations of the correct Services, not to different Services altogether.
4. Where appropriate, you may be required to select the required  Services provided.
5. I neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are provided on My Site however, such indications may not take into account orders that have been placed by other customers during your visit to My Site.
6. I make all reasonable efforts to ensure that all prices shown on My Site are correct at the time of going online. I reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every 90 days. Changes in price will not affect any Order that you have already placed (please note sub-Clause 7.8 regarding VAT, however).
7. All prices are checked by Me when I process your Order. In the unlikely event that I have shown incorrect pricing information, I will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. I will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). I will not proceed with processing your Order until you respond. If I do not receive a response from you within 7 days, I will treat your Order as cancelled and notify you of the same in writing.
8. In the event that the price of Services you have ordered changes between your Order being placed and Me processing that Order and taking payment, you will be charged the price shown on My Site at the time of placing your Order.

1. Orders – How Contracts Are Formed
2. My Site will guide you through the ordering process. Before submitting your Order to Me you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
3. No part of Our My constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that I may, at My sole discretion, accept. My acknowledgement of receipt of your Order does not mean that I have accepted it. My acceptance is indicated by Me sending you an Order Confirmation by email. Only once I have sent you an Order Confirmation will there be a legally binding contract between Me and you (“the Contract”).
4. Order Confirmations shall contain the following information:
5. Confirmation of the Services ordered including full details of the main characteristics of those Services;
6. Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;
7. Not applicable.
8. I can also provide a paper copy of the Order Confirmation on request.
9. If I, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If I have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days.
10. You may change your Order at any time before I begin providing the Services by contacting Me by email: sales@choughedonline.art or by phoning (07552 591399).
11. If you change your Order, I will confirm all agreed changes in writing or by email.
12. If you change your mind, you may cancel your Order or the Contract before or after I begin providing the Services subject to these Terms of Sale. For details of your cancellation rights, please refer to Clauses 11 and 12.
13. I may cancel your Order at any time before I begin providing the Services in the following circumstances:
14. The required personnel and/or required materials necessary for the provision of the Services are not available; or
15. An event outside of My control continues for more than 14 days (please refer to Clause 16 for events outside of Our control).
16. If I cancel your Order under sub-Clause 8.9 and I have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 days. If I cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by post.
17. Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Services unless you specifically request that I make a refund using a different method.
18. Payment
19. Payment for the Services will be not be due until the Services are complete at which point I will invoice you for the sums due. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
20. I accept the following methods of payment on Our Site:
21. PayPal;
22. Stripe (From time-to-time I reserve the right to withdraw the Stripe payment facility;
23. Any further payment methods as required;
24. I add a 3% surcharge for the use of credit cards.
25. If you do not make any payment to Me by the due date as shown on invoice, order confirmation etc. I may charge you interest on the overdue sum at the rate of 3% per annum above the base lending rate of Halifax from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
26. The provisions of sub-Clause 9.4 will not apply if you have promptly contacted Me to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
27. Provision of the Services.
28. As required by law, I will provide the Services with reasonable skill and care, consistent with best practices and standards in the art gallery sector, and in accordance with any information provided by Me about the Services and about Me. I will begin providing the Services on the date agreed when you make your Order (which I shall confirm in the Order Confirmation). Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clauses 11 and 12 for more details on your cancellation rights, including the cooling off period. I will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
29. I will continue providing the Services until the estimated completion date set out in the Order Confirmation.
30. I will make every reasonable effort to provide the Services in a timely manner and to complete them on time. I cannot, however, be held responsible for any delays if an event outside of My control occurs. Please refer to Clause 16 for events outside of My control.
31. In certain circumstances, for example where I encounter a technical problem, I may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action I will inform you in advance by email before suspending or interrupting the Services.
    
32. Your Legal Right to Cancel (Cooling Off Period)
33. If you are a consumer, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and I have sent you an Order Confirmation, i.e. when the Contract between you and Me is formed. The period ends at the end of 14 calendar days after that date.
34. If you wish to exercise your right to cancel under this Clause 11, you must inform Me of your decision within the cooling off period. You may do so in any way you wish, however for your convenience I offer a cancellation form on My Site  and will include a link to it with the Order Confirmation. Cancellation by email or by post is effective from the date on which you send Me your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Me an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Me directly to cancel, please use the following details:
35. Telephone: 07552 591399
36. Email: sales@choughedonline.art
37. Post: Paul Cowling, Welbeck Avenue, Bromley BR1 5DN
38. I may ask you why you have chosen to cancel and may use any answers you provide to improve My services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
39. As specified in sub-Clause 10.1, if the Services are to begin within the cooling off period you are required to make an express request to that effect. This request forms a normal part of the order process. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
40. If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
41. If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Me that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 7 days and in any event no later than 14 calendar days after you inform Me that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that I make a refund using a different method.
42. Cancellation After the Legal Cancellation Period
43. Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be provided  and confirmed in My Order Confirmation.
44. If you wish to cancel under this Clause 12, you must inform Me of your decision to do so. You may do so in any way you wish, however for your convenience I offer a cancellation form on My Site and will include a link to it with the Order Confirmation. If you would prefer to contact Me directly, please use the following details:
45. Telephone: 07552 591 399
46. Email: sales@choughedonline.art
47. Post: Paul Cowling,  Welbeck Avenue. Bromley BR1 5DN
48. I may ask you why you have chosen to cancel and may use any answers you provide to improve My services in the future, however please note that you are under no obligation to provide any details if you do not wish to.
49. You may be entitled to cancel immediately by giving Me written notice in the following circumstances:
50. I  breach the Contract in a material way and fail to remedy the breach within  7 days of you asking Me to do so in writing; or
51. I go into liquidation or have a receiver or administrator appointed over My assets; or
52. I change these Terms of Sale to your material disadvantage; or
53. I am adversely affected by an event outside of My control that continues for more than a 30 day period (as under sub-Clause 16.2.5).
54. Refunds under this Clause 12 will be issued to you within 7 days and in any event no later than 14 calendar days after the date on which you inform Me that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that I make a refund using a different method.
55. My Rights to Cancel
56. For cancellations before I begin providing the Services, please refer to sub-Clause 8.9.
57. I may cancel the Services after I have begun providing them due to an Event outside of My control that continues for more than 30 days (as under sub-Clause 16.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that I have already provided up until the point at which I inform you that I am cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, I will invoice you for the relevant sums and if you have already made any payment to me, such sums will be refunded to you.
58. Once I have begun providing the Services, I may cancel the Contract at any time and will give you at least 30 calendar days' written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, I will invoice you for the relevant sums.
59. Refunds due under this Clause 13 will be issued to you within 7 days and in any event no later than 14 calendar days after the day on which I inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that I make a refund using a different method.
60. I may cancel immediately by giving you written notice in the following circumstances:
61. You fail to make a payment by the due date as set out in Clause 9. This does not affect My right to charge you interest on any overdue sums as set out in sub-Clause 9.4; or
62. You breach the contract in a material way and fail to remedy the breach within 14 days of Me asking you to do so in writing.
63. Problems with the Services and Your Legal Rights
64. I always use reasonable endeavours to ensure that My Services are trouble-free. If, however, there is a problem with the Services please contact Me as soon as is reasonable possible via email: sales@choughedonline.art.
65. I will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical. 
66. As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If I do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that I  have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if My breach concerns information about Me that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason I am required to repeat the Services in accordance with your legal rights, I will not charge you for the same and I will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Me, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which I agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method . In addition to your legal rights relating directly to the Services, you also have remedies if I use materials that are faulty or incorrectly described.
67. Our Liability
68. Nothing in these Terms of Sale seeks to exclude or limit My liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Me about the Services or about Me.
69. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
70. Events Outside of Our Control (Force Majeure)
71. I will not be liable for any failure or delay in performing My obligations where that failure or delay results from any cause that is beyond My reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond My reasonable control
72. If any event described under this Clause 16 occurs that is likely to adversely affect My performance of any of My obligations under these Terms of Sale:
73. I will inform you as soon as is reasonably possible;
74. My obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that I am bound by will be extended accordingly;
75. I will inform you when the event outside of My control is over and provide details of any new dates, times or availability of Services as necessary;
76. If the event outside of My control continues for more than 30 days I may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which I inform you of the cancellation;
77. If an event outside of My control occurs and continues for more than 30 days and you wish to cancel the Contract as a result, you may do so in any way you wish.  If you would prefer to contact Me directly to cancel, please use the following details: Telephone: 07552 591 399;
    Email: sales@choughedonline.art;
    

In each case, providing Me with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Me that you wish to cancel.

1. Communication and Contact Details
2. If you wish to contact Me with general questions or complaints, you may contact Me by telephone at 07552 591 399, by email at sales@choughedonline.art By post: contact initially above.
3. For matters relating to My Services or your Order, please contact Me by telephone at 07552 591 399, by email at sales@choughedonline.art, or by post contact initially above.
4. For matters relating to cancellations, please contact me by telephone at 07552 591399, by email at paul@choughedonline.art, or by post: contact initially above.
5. Complaints and Feedback
6. I always welcome feedback from My customers and, whilst I always use all reasonable endeavours to ensure that your experience as a customer of mine is a positive one, I nevertheless want to hear from you if you have any cause for complaint.
7. All complaints are handled in accordance with My complaints handling policy and procedure.
8. If you wish to complain about any aspect of your dealings with Me, please contact Me in one of the following ways:
9. In writing, addressed to Paul Cowling. Please contact initially.
10. By email, addressed to Paul Cowling at  customer-service@choughedonline.art;
11. By contacting Me by telephone on 07552 591 399 .
12. How I Use Your Personal Information (Data Protection)

I will only use your personal information as set out in My Privacy Policy.

1. Other Important Terms
2. I may transfer (assign) My  obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if I sell My business). If this occurs, you will be informed by Me in writing. Your rights under these Terms of Sale will not be affected and My obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
3. You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without My express written permission.
4. The Contract is between you and Me. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
5. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
6. No failure or delay by Me in exercising any of My rights under these Terms of Sale means that I  have waived that right, and no waiver by Me of a breach of any provision of these Terms of Sale means that I will waive any subsequent breach of the same or any other provision.
7. I may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If I change these Terms of Sale at any time, I will give you at least 30 days written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 12.4.
8. Law and Jurisdiction
9. These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
10. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.
11. If you are a consumer, any dispute, controversy, proceedings or claim between you and Me relating to these Terms and Conditions, or the relationship between you and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 
12. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

 Jonathan Paul Cowling for Choughed Online Art - July 2021 - BROMLEY, KENT, UNITED KINGDOM