Terms & Conditions

Terms and Conditions

These terms and conditions (the "Terms and Conditions") govern the use of www.dyingarts.co.uk (the "Site"). This Site is owned and operated by Simon Frend. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Simon Frend and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to violate the intellectual property rights of the Site owners or any third party to the Site.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. We take great care to ensure that all information, descriptions, and images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

Payments are processed by either Paypal or Stripe and they accept a wide variety of payment methods between them.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase goods from our Site, the goods will be delivered according to the details in our Shipping and Returns Policy

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and bank holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Right to Cancel and Receive Reimbursement

If you are a customer living in the United Kingdom or the Eurpoean Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period:

Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;
Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.
To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at hello@dyingarts.co.uk or by post at 635 Christchurch Road, Bournemouth BH14AP. You may use a copy of the Cancellation Form, found at the end of these Terms and Conditions, but you are not required to do so.
The right to cancel does not apply to:
Custom, bespoke, commissions or personalised goods;
Goods that will deteriorate or expire rapidly;

If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.

If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.

We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.

This right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Refunds

Refunds for Goods requests must be made within 14 days after receipt of your goods.

Refunds do not apply to the following goods:

- Commissioned and bespoke pieces.

Returns

See our Shipping and Returns Policy

Returns can be made in person at the following location(s): 635 Christchurch Road, Bournemouth BH1 4AP.

Returns can be made by mail. To return a good by mail, follow the following procedure:
In all cases, please contact us first to discuss and arrange return. Goods must be returned in their original condition and properly packed so as to avoid damage in transit. We strongly recommend that you use a tracked/signed for delivery method as we are not responsible for the item until we have received it.

Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Simon Frend and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Simon Frend and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Country of England.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

07914 753169
hello@dyingarts.co.uk
635 Christchurch Road Bournemouth BH1 4AP

You can also contact us through the contact form available on our site.

Cancellation Form

If you want to cancel your contract of sale with us, please read our Shipping and Returns Policy - you may use this form and email or post it back to us at the address below.

To: https://www.dyingarts.co.uk
Address: 635 Christchurch Road Bournemouth BH1 4AP Email: hello@dyingarts.co.uk

I hereby give notice that I cancel my contract of sale of the following goods or services: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

Ordered on: ______________________________________

Received on: ______________________________________

Customer name: ______________________________________

Customer address: ____________________________________________________________________________

Signature (only required if you are returning a hardcopy of this form): ______________________________________
Date: ______________________________________