Terms and conditions

These Terms and Conditions apply to the use of the website CP Gill Art and Orders made through it. Please read these Terms and Conditions carefully before using the CP Gill Art website.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms and Conditions do not affect your statutory rights.

DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, the following definitions shall apply:

This website is operated by CP GILL ART and is a collaboration between Chris P Gill and Nordic Soul Interiors. Nordic Soul Interiors is the trading name of AC Woodward. Throughout the site, the terms “me”, “we”, “us” and “our” refer to CP GILL ART offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

CP Gill Art is an online marketplace for CP Gill’s art products with the URL www.cpgill.art

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Products: the goods (or any part of them) made available for sale on the CP Gill Art website or those set out in the Order.

Third Party Print suppliers: We reserve the right to update, change or replace any of our print suppliers at any time.

Order: the Order for the Goods submitted by you.

Promotional Codes: promotional codes and discounts (including discounts, offers, promotions, prize draws, vouchers, competitions etc.) offered by CP Gill Art to new and/or existing customers.

1. The Contract

1.1 When you purchase Goods through the CP Gill Art website your Contract is with us.

1.2 Most of the Goods supplied are in the form of made to order. Our selected print suppliers may use third party service providers to fulfil its obligations under the Contract.

1.3 Your Order is an offer to us to buy the Goods in your Order. When you place an Order to purchase a product from us, we will send you an email confirming receipt of your Order. This confirmation email is acknowledgement that we have received your Order and taken payment, but does not confirm acceptance of your offer to buy the Good(s) ordered. We only accept your offer, and conclude the Contract of sale for Goods ordered by you, when we dispatch the Goods to you and send an email confirmation to you that we've dispatched the Goods to you. If your Goods are dispatched in more than one package, you may receive a separate confirmation email for each package, and each confirmation email and corresponding dispatch will conclude a separate Contract of sale between us for the Goods specified in that confirmation email. Without affecting your right of withdrawal, you can cancel your Order for Goods following the process set out in the Returns & cancellation policy at no cost any time before we send the dispatch confirmation email relating to that product.

1.4 It is your responsibility to ensure you are able to receive emails from us. We recommend you check that your online security software does not block emails from us.

2. Your Order

Method of payment

2.1 We use Stripe and PayPal to process payments and accept any payment methods supported by these providers. To see which type of payment they support in your region, please visit their websites. If paying with a card, orders will only be processed if you provide the card holder's name as it is shown on the card together with the postcode that appears on the card statement. No responsibility can be taken by us for incorrect or incomplete details.

2.2 You undertake that all details you provide for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own (or have authority to use it) and that there are sufficient funds to cover the cost of the Goods ordered.

Fraudulent transactions

2.3 To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases including registered credit reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these Terms and Conditions you consent to such checks being made.

2.4 It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on the CP Gill Art website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our site.

3. Goods Information

Art prints

3.1 Art prints are supplied as a print-to-order image from CP Gill Art archive. Art prints are supplied un-framed in either a cardboard packaging or a cardboard poster tube depending on size and destination.

Framed prints

3.2 From time to time we may offer framed prints. Framed prints are supplied as a print-to-order image from the CP Gill Art archive. The print comes with a mount(s) and a frame chosen from a defined selection offered at the time of order.

Limited edition prints

3.3 We offer limited edition prints on selected artwork. These will be in a limited number and supplied in the stated size and paper type. Occasionally a limited print will be offered framed. Order of a Limited Edition print always include a Certificate of Authenticity.

Print-to order phone-cases

3.4 CP Gill Art offers phone-cases from a defined selection offered at the time of order. Depending on the phone’s specific model and make, the design will come out slightly different to best fit the case.

Print-to-order products

3.5 Other print-to-order products may include textiles, ceramics, stationery, home and kitchenware and other gift products, available from a defined selection offered at the time of order.

Other (non print-to-order) products

3.6 From time to time we may offer original art from a defined selection offered at the time of order.

4. Pricing and availability

4.1 The only Goods with restricted availability are Limited Art Prints and Original Artwork. The availability of these will show at the time of order.

Due to their nature all other art prints should be available.

Other print on demand Goods should be available unless for example a specific phone case model is temporarily out of stock.

If specific Goods are out of stock or unavailable we will endeavour to contact you to:

(a) discuss an alternative;

(b) offer an alternative delivery date; or

4.2 The price of Goods available may change from time to time, without prior notice. The price you pay will be the price displayed on the CP Gill Art website at the time we receive your Order, apart from the following exception:

(a) While we do our best to ensure that all our prices on the CP Gill Art website are accurate, it is possible that, occasionally, prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods to you at an incorrect, lower price, even after we have acknowledged your Order. If we cannot contact you, we will treat the Order as cancelled and refund you the price paid.

(b) We list prices in pounds sterling and all prices are inclusive of VAT. The prices of the Goods are exclusive of the costs and charges of packaging and delivery. Delivery charges will depend on the delivery method you choose and destination and will be clearly shown throughout the checkout process. Read more about shipping in our Shipping, Cancellations and Returns policy.

(c) All prices are exclusive of any other sales tax or duty that may be applicable, and which will be payable in addition to the price unless otherwise stated.

5. Delivery

5.1 CP Gill Art and/or a third-party supplier will deliver the Goods to the address specified in your Order. Please be clear and precise about your address when placing your Order.

5.2 We cannot accept any liability for any loss or damage to the Goods arising after they have been delivered to you.

Art prints & Limited-Edition prints

5.3 Once we receive your order every effort will be made to produce and dispatch the order within 2-5 business days.

Every effort will be made to deliver your art print within 6-10 business days of your Order and in any event within 28 days form receipt of your Order.

Print-to-order products

5.4 Every effort will be made to dispatch the Goods in your Order within seven (7) business days and in any event within 28 days from receipt of your Order.

Print-to-order phone cases

5.5 Every effort will be made to despatch the Goods in your Order within three (3) working day and in any event within 28 days from receipt of your Order.

Original artwork

5.6 Dispatch times vary for these products and delivery time will be subject to the artwork’s specific requirements in terms of packaging and its destination. Please see further delivery information defined at the time of order.

General

5.7 If you Order two or more Goods then they may be dispatched separately and arrive with you at different times.

5.8 If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible by contacting us at contact@cpgill.art

5.9 We reserve the right to reject orders from any countries outside of UK and EU/EEA/CH. If you want to make an order and live outside of these countries. Please contact us on contact@cpgill.art for information on ordering, and shipping costs!

Risk and title

5.10 Risk and title in the Goods pass when the Goods are delivered to you.

5.11 If your order does not arrive within the advised delivery times please contact us at contact@cpgill.art

6. Cancellations and returns

6.1 This section sets out your rights to return Goods or cancel an Order under defined circumstances.

6.2 You can buy the following types of Goods from the CP Gill Art:

(a) bespoke and custom prints and products (print-to-order)

(b) open edition art prints and limited-edition art prints

(d) original artwork

Bespoke and customised goods

6.3 The framed art prints and print-to-order products that are bespoke and customised Goods cannot be resold by us and do not attract the cancellation rights that typically apply to a distance contract.

6.4 You may cancel your order prior to production and you will not be charged for your order. Production normally commences within one working day of receiving your order.

6.5 if a customised art print, framed print or print-to-order product is faulty or damaged when you receive it, you may return the item for a replacement or a refund.

6.6 If you are unhappy with the quality of the printing or the framing of your product please contact us to explain why and we will arrange to replace it. We reserve the right to deduct up to 50% of the price paid for an item if it is returned and our offer of a replacement is not accepted.

Please email us at contact@cpgill.art with the following information:

(a) your details;

(b) your Order number; and

6.7 For faulty or damaged items, we will arrange for a customer returns form to be sent to you and the return shipping cost will be borne by us. Please contact us for instructions to the next step. A replacement item or refund will be issued on return of the faulty item.

6.8 You will need to pay return postage for any item that is not damaged or incorrect. It is advisable to send any returns by a trackable method.

Open edition prints, limited edition prints, phone cases and other print-on-demand products

6.9 Open- and limited-edition prints, phone cases and other print-on-demand products (that are not customised) are treated as manufactured items and you have the right to cancel your Order prior to despatch or within 14 days of receiving your Goods, and you will receive a full refund.

6.10 If you wish to cancel your order please email us at contact@cpgill.art as soon as possible, but at the latest within 14 days of receiving your Goods.

6.11 If Goods have already been dispatched/received, you will be responsible for returning the Goods including all costs. You must return Goods within 14 days of notifying us of your intent to cancel. It is advisable to send any returns by a trackable method.

6.12 If you cancel your Order in accordance with these Terms and Conditions of Supply we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation and on return of the item. In this case we will refund the price of the Goods to be returned in full (excluding the original postage cost of sending the Goods to you).

6.13 If your open or limited-edition print, phone case or other print-on-demand product is faulty or damaged when you receive it, you may return the item for a full refund. You must notify of us of any fault or damage within 14 days of receipt. Please email us at contact@cpgill.art and provide the following information:

(a) your details;

(b) your Order number; and

6.14 For faulty or damaged items, we will arrange for a customer returns form to be sent to you and the return shipping cost will be borne by us. Please contact us for instructions to the next step. A replacement item or refund will be issued on return of the faulty item.

6.15 In all cases we will only refund to the payment card used in the original purchase.

6.16 Further information on how to make a return is found in our Shipping, Cancellation and Returns document.

7. Promotions and Incentives

7.1 On occasions CP Gill Art will offer Promotional Codes. By using any Promotional Code, you are agreeing to the following:

General terms of promotions

7.2 A Promotional Code may only be redeemed online at CP Gill Art.

7.3 Discounts and/or free items cannot be redeemed elsewhere unless expressly advertised.

7.4 A Promotional Code cannot be used in conjunction with any other offer, discount, or promotion. Only one Promotional Code can be used per transaction/household.

7.5 A Promotional Code is redeemed by entering the code at the appropriate point in the Order process for a qualifying purchase or in the case of discounts, vouchers and/or free items, as expressly advertised.

7.6 A Promotional Code is not exchangeable for cash and is non-transferable and non-refundable.

7.7 We accept no responsibility for Promotional Codes that are illegible, lost, delayed, or damaged.

7.8 Promotional Codes not submitted in accordance with these Terms and Conditions, or that are incomplete, illegible, expired or otherwise defective shall be rejected and/or disqualified and our decision is final.

7.9 By entering a Promotional Code, your personal data will be held only for the purpose of administering the Promotional Code and contacting you in relation to it.

Period of use

7.10 A Promotional Code is only valid during the period identified and on the products specified in the media in which it was delivered.

7.11 We reserve the right to:

(a) cancel or withdraw any Promotional Code,

(b) refuse to allow any customer to participate in the Promotional Code,

(d) exclude any single or group of products from any general promotion; and/or

(e) amend this provision at any time (and CP Gill Art will use reasonable endeavours to notify changes to participants).

Returns of Goods or cancellation of Orders which were part of a promotion or incentive

7.12 In the case of a free item being offered, all items are subject to availability and we reserve the right to substitute the free item for another of similar quality and value for any reason. In the case of a returned Order, any free Goods must be returned at your own cost and risk, as new, at the same time in their original packaging with the product documentation, and with proof of the Promotional Code used. The Goods must not have been used and, where applicable, must not have been removed from the sealed packaging.

7.13 Where the redemption of a Promotional Code is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products (as communicated to you when issuing the Promotional Code).

8. Customer service

8.1 Support is provided by email (contact@cpgill.art) during our normal business hours of 9am to 5.30pm Monday to Friday. We aim to reply within two working days.

9. User Comments, Feedback and Other Submissions

9.1 If, at our request, you send certain specific submissions (for example contest entries), whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

(a) to maintain any comments in confidence;

(b) to pay compensation for any comments; or

9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

9.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10. Complaints

10.1 If you have any questions or complaints about the Goods, please contact us. We aim to deal with all complaints as effectively as possible.

10.2 Your complaint should be sent by email to Customer Services at contact@cpgill.art

10.3 We aim to acknowledge any complaint made to CP Gill Art by email within two working days, and to conclude our investigations as soon as possible thereafter and, in any event, within 14 days. Our acknowledgement will always include the name of the person who is handling your case and we shall keep you fully aware of the progress of your complaint. A likely timescale for resolution will be provided upon request, but this timescale will be dependent upon the specific nature of the complaint. If we are unable to resolve your complaint we shall give you an explanation of why your complaint was rejected (where applicable).

11. Privacy and data protection

11.1 We shall process your data in accordance with the terms of the CP Gill Art Privacy Policy. Please view this document for further information. All information provided by you will be held securely and treated in accordance with the Data Protection Act 1998, the General Data Protection Regulation, and other applicable national data privacy laws.

11.2 When you visit our website, or send emails to CP Gill Art, you are communicating with us electronically. We will normally communicate with you by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us and the Goods that we supply must be as described, fit for purpose and of satisfactory quality. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We are not liable for business losses. If you use the Goods for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

12.3 CP Gill Art will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause beyond our reasonable control. This condition does not affect your legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

13. Customs

When ordering goods from the CP Gill Art website for delivery overseas you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information. Please also note that when ordering from CP Gill Art you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.

14. Variation

You can review the most current version of the Terms of Service at any time at this page. However, you will be subject to the Terms and Conditions and policies in force at the time that you Order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law (in which case it may apply to Orders previously placed by you).

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

15. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

16. Waivers

No failure to exercise, or delay in exercising, any right under these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.

17. Third party rights

A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them.

18. Governing law and jurisdiction

18.1 If you are a consumer, please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

18.2 If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19. Gift vouchers: terms of use

19.1 Gift vouchers do not have an expiry date and is valid for as long as the CP Gill Art shop is in business. Gift vouchers can only be redeemed through the CP Gill Art website.

19.2 Gift vouchers can be used for part or full payment of an online purchase. If the cost of your order exceeds the amount of the gift voucher, the balance must be paid in full by credit or debit card or by PayPal at the point of purchase.

19.3 Gift vouchers have no cash value and are non-refundable other than within the 14-day cancellation period. Please note that if the voucher value exceeds the total cost of the transaction, no change or credit will be given.

20. Disclaimer of warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall CP GILL ART, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

21. Contact Information

Questions about the Terms of Service should be sent to us at contact@cpgill.art