TERMS AND CONDITIONS OF SALE
www.sarahs-art-services.eu & www.sarahs-art-services.com
THE FOLLOWING INFORMATION DETAILS THE TERMS AND CONDITIONS UPON WHICH WE SUPPLY OUR PRODUCTS OR SERVICES. BY PURCHASING ANY OF THE GOODS OR SERVICES ON WWW.SARAHS-ART-SERVICES.EU & WWW.SARAHS-ART-SERVICES.COM, YOU AGREE TO BE BOUND BY THESE TERMS.
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier.
1.2 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions of Sale.
1.3 "Goods" means the articles (including any digital content) that the Buyer agrees to buy from the Supplier.
1.4 "Services" means the services that the Buyer agrees to buy from the Supplier.
1.5 "Supplier" means Sarah Lernout of Sarah’s Arts Services, Schwerin Str.33, 40476 Düsseldorf, Germany that owns and operates www.sarahs-art-services.eu and www.sarahs-art-services.com.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier.
1.7 "Website" means www.sarahs-art-services.eu and www.sarahs-art-services.com.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions of Sale.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 7 days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the related checkout process:
(a) Mural painting: Your mural step by step
(b) Commissioned artwork: Your unique Artwork step by step
(c) Video art tutorials full version: related video tutorial link
(d) Tutorials models and templates: related template button
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT.
4.2 The total purchase price, including VAT, delivery and other charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order or on the quote document sent to the “Buyer” prior to the order when relevant.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT, delivery and other charges, if applicable, must be made in full before dispatch of Goods or commencement of the Services or, if the Supplier agrees to credit terms, within 30 days of receipt of invoice.
4.5 For Goods supplied outside of Germany, the Buyer is responsible for any customs duties and taxes levied at the point of entry into the destination country.
4.6 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.7 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of Germany from time to time in force.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall begin to perform the Services within 7 days following the order confirmation but in any event, within 30 days after the Contract is entered into. The Supplier is under a legal obligation to supply Services in conformity with the Contract.
5.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted or error-free. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 DIGITAL CONTENT
6.1 As some Goods are supplied in digital format, you accept that by placing an order for digital Goods you are giving your express consent to www.sarahs-art-services.eu and www.sarahs-art-services.com to supply the Goods before the end of the cancellation. Further, by giving your consent, you acknowledge that the right to cancel the contract will be lost.
6.2 The period of access to the digital Goods may be limited in time and in number of downloads. Such limitations are clearly indicated on the website for the concerned digital Goods.
7 RIGHTS OF SUPPLIER
7.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
7.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
7.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
8 AGE OF CONSENT
8.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
8.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
9.1 Goods and services supplied in Germany will normally be delivered according to the following terms:
(a) Digital Goods on website: Access to the purchased digital Goods will normally become available or informed by email to the email address given by the Buyer at the time the order was placed within 1 working day of acceptance of order but in any event, within 30 days after the Contract is entered into.
(b) Commissioned Art: Unique artwork will normally be delivered via secure means to the address given by the Buyer at the time the order was placed within 30 working days after payment of the order but in any event, within 60 days after the Contract is entered into.
(c) Design of Mural painting: Completion of the design of the Mural will normally happen within 30 working days after payment of the deposit but in any event, within 60 days after the Contract is entered into.
(d) Mural painting: Completion of the mural painting will normally happen within 10 working days from the starting date agreed by both the Buyer and the Supplier but in any event, within 90 days after the Contract is entered into.
9.2 The Delivery conditions described in Article 1 do not include the additional time required for the Goods supplied outside Germany. We cannot be held responsible for delays or errors made by third party courier or postal services.
9.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
9.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Supplier is under a legal obligation to supply Goods in conformity with the Contract.
9.5 Risk in the Goods shall pass to the Buyer when they are in the physical possession of the Buyer.
9.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
The Buyer, if a Consumer, has the right to cancel the Contract within 7 days without giving any reason. The conditions, time limits and procedures for exercising the Buyer’s right to cancel are laid out in Schedule 1 to these Terms and Conditions.
11 REMEDY FOR BREACH
11.1 All Goods (including digital content) supplied by the Supplier must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
11.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard. If the Services are found to be defective then the Supplier shall either repair, re-perform or replace the Services or refund any monies paid for the defective Services when notified by the Buyer of the defect within a reasonable time.
12 LIMITATION OF LIABILITY
12.1 The Supplier shall not be responsible for:
12.1.1 losses that were not caused by any breach on the part of the Supplier; or
12.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
12.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and the Supplier.
12.2 The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent or Services provided within a reasonable time or to receive a refund if Goods or Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.
12.3 Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
14 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
16 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
17 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Germany and the parties hereby submit to the exclusive jurisdiction of the German courts.
RIGHT TO CANCEL
1 You have the right to cancel this contract within 7 days without giving any reason, provided that the services agreed within the contract have not already started or that the concerned Goods are not digital Goods.
2 We do not offer refunds on customised products (custom mural painting, custom designs, unique artwork).
3 We do not offer refunds for digital Goods.
4 The cancellation period will expire after 7 days from the day:
(a) of the conclusion of the contract, in the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium;
(b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;
(c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
(d) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
(e) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.
6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
7 If you cancel this contract, we will reimburse to you all payments received from you, except for payment described in Article 8 of this schedule 2, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
8 If you cancel this contract, we will not reimburse:
(a) the prepaid deposit payment for any customised Goods (customised mural painting, customised design and commissioned unique Artwork);
(b) the full amount of any payment made for Services that we have already started;
(c) the full amount paid for digital Goods.
9 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
10 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
11 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
12 In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not offered to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest.