TERMS AND
CONDITIONS
PURCHASING ART AND SCULPTURE
1. My business
1.1 This website is owned and operated by: Michal Kubacki Art Limited. Full company details can be found at the bottom of every web page.
2. Entering into a contract with me
2.1 When you place an order with me, you are demonstrating an intent to buy goods. This will involve payment for these goods. I will send you an e-mail to confirm that I have received your order and payment.
2.2 Once I know that I have successfully received payment I will notify you that the order has been processed, at this point we have a contract between us.
2.4 I have made every effort to display as accurately as possible the colours of my paintings and sculptures that appear on this website. However, I cannot guarantee that your monitor’s display will accurately reflect the colour and tone of the real thing. I can only do what technology will allow me to.
2.5 All information provided is approximate and is provided in good faith.
2.6 Any contract we enter into will be covered by English law.
2.7 By placing an order with me and paying for your goods you agree to and accept these terms, as well as my privacy policy, and the terms of website use.
2.8 I am fully compliant with my obligations under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3. How to buy something
3.1 You can use my website to place an order by selecting the product you wish to buy and adding it to your cart. Items you do not require can be removed from your cart at any time. If you prefer to order by telephone you can do so by calling +44 7722 101012.
3.2 Shipping charges will be given before you commit to buy anything.
3.3 You will be required to pay for the goods in full at the time of ordering.
3.4 I use secure payment facilities for online purchases. You can pay for your order by Visa, Mastercard or Delta/Connect. Plus also PayPal and BACS. I also accept international transfers but not Western Union or NoChex. This site uses an Extended Value SSL Certificate using 2056 bit encryption.
3.5 All prices quoted on my website are in EURO and include EU Value Added Tax at the current rate. If you purchase from a country or territory that is not subject to EU VAT you may be able to claim that back once your goods are received.
3.6 For non-UK countries there may charges for importing goods, even though art and antiquities are rated at zero (International HS code for sculpture: 970300 and for paintings: 970110). However, it is your responsibility to pay import duty if charged.
3.7 Once your order is complete I will notify you of the dispatch date (normally around 7-10 days after checkout).
4. Delivery & Shipping Charges
4.1 Goods will normally be dispatched from my studios within 10-14 working days.
4.2 A carrier or shipping agent will normally deliver goods within 2-3 working days of dispatch for the EU and 5-8 days for overseas shipments.
4.3 Your goods will be delivered to the address you gave on your order. You must be at home to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday. I will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.4 Disposal of packing materials is your responsibility.
4.5 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to the my studios where I reserve the right to charge you an additional re-delivery charge.
4.6 If you change the delivery address once the goods have been dispatched to you, I reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
4.7 Please check the goods on delivery – any goods found to be damaged should be notified to the delivery driver at the time of delivery or to me within a reasonable time.
4.9 Sometimes, for reasons beyond mine or the courier’s control I may be prevented from delivering your goods. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers.
5. Cancellation and returns
5.1 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail or write to me. I am unable to accept cancellations by phone.
5.2 You do not have to give any reason for cancellation. However, a brief explanation will help me to improve the service I offer to customers in the future.
5.3 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to me at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.4 You may properly examine the goods for 14 days as you would do had you visited my gallery space.
5.5 If you fail to return the goods, I will collect them, and will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to me, and this results in damage or deterioration, I will charge you for the reduction in value.
5.6 I will refund all monies paid to us by you including any postage / carriage within 30 days, less any costs due under this contract.
5.7 Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement. This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.
6. Faulty Goods / Guarantee
6.1 If there is a problem with the goods, please notify me by email, or in writing, providing details of the problem. Its helpful if you can provide me with a digital photograph of the problem as this normally saves you having to return the goods for inspection. I will deal with the matter in accordance with your legal rights.
6.3 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at my studio and checked. The cost of returning goods to me is your responsibility, however on inspection I will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
PRIVACY POLICY
I do not share any personal information with any other parties. At no point will I use any collected information to solicit any kind of marketing or promotional offers. Data collected from orders and from email correspondence is held in accordance with the requirements of the UK Data Protection Act 1998 and the European GDPR 2018 laws.
You may request any such information from me at any time by contacting me from the contact page. No financial details are stored by Michal Kubacki Art Ltd.
