Terms and Conditions

Terms and Conditions


Please read these terms and conditions carefully. By using this website we take it that you have read, understood and accepted the information below.

This page tells you the terms and conditions on which we agree to supply any of the products listed on this website www.rosarts.co.uk. By placing an order for any of these products, you agree to be bound by these terms and conditions.  These terms and conditions apply to your order and your use of this website, www.rosarts.co.uk. Your use of this website and any purchase made by you on this website of any products will be governed by English Law and will be deemed to have occurred in the United Kingdom. Any dispute arising from our dealings must be heard by the courts in England.

By placing an order with us, you warrant that you are legally capable of entering into a binding contract, and you agree that these terms and conditions should form the contract between us.


Your Contract with Us


When you place an order with us, you will receive an e-mail acknowledgement to say that we have received your order. This email does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us and to product availability. We will confirm our acceptance of your order by sending you a completion email that the product has been dispatched to you. The contract between us will only begin to exist when we send you this email.

The contract between us will only apply to the products whose dispatch have been confirmed in the completion email.


Products and Ordering


The products on this website are available to order online, subject to acceptance by us and to product availability. Product descriptions and images are as accurate as possible. You must make sure that the details you provide when ordering from us are true and accurate, as we cannot take any responsibility for problems caused if the details you provide are incorrect. You will receive an email from us once we have received your order via this website. This email is an acknowledgement that your order has been received and does not guarantee that your order can be fulfilled. This email will detail the product(s) you wish to buy, the cost, and your method of payment. You must check these details are correct and inform us as soon as possible if any details are wrong.

Please check all prices before placing your order. We reserve the right to change the prices of our products at any time. If your order has been accepted we will send a completion email to the email address you provide us with when you order, which will indicate that your order has been dispatched to you.  If your order has not been accepted, we will email you to tell you why.

Occasionally products may be out of stock, and in this case every effort will be made to reflect this on the product page. If this somehow happens at the same time you place an order, we will inform you of this at the earliest opportunity and advise you when the product can be expected to be back in stock.  We will discuss whether you wish to; wait until the item is back in stock, change your order or cancel your order entirely, in which case a refund will be given.

We may alter or withdraw any product or any part of this website at any time.


Prices and Payment Terms


The prices of the products on this website are in Pounds Sterling (GBP). Please check all prices, including prices for delivery, before placing your order. Product prices and delivery charges are liable to change at any time, but changes will not affect orders that are already placed and accepted. Product prices are shown exclusive of VAT, as Rosarts is not yet a VAT-registered business.

All Payments made must be in Pounds Sterling (GBP). Payment is made on this website through the secure payment gateways PayPal or WorldPay and will be taken at the checkout page. Rosarts and you will receive a receipt of payment and a copy of the order. Any refunds that are given will be done so through PayPal or WorldPay, via the email address that provided the initial payment.

This website is PCI-DSS Compliant in accordance with Worldpay policy.


Delivery


Rosarts offers free delivery on all standard items. For non-standard or custom items we will discuss delivery options via email and you may be charged for the use of a different delivery service. With this in mind, delivery times are approximate, based on when your order is collected by the courier service we use. We aim to dispatch your order within 5 working days of cleared payment, and can only give approximate delivery periods based on approximate dispatch times. The time it takes to dispatch your order will depend on the level of any personalisation and/or framing requirements. During busy periods this may take slightly longer. If there is a delay in dispatching your order for any reason, we will email you to let you know. Please ensure the address you provide for delivery is clear and correct, as Rosarts cannot accept any responsibility for shipping to an incorrectly provided address. The products will be at your risk from the time of delivery.

Deliveries are sent by MyHermes Parcel Courier Service. They deliver parcels within 3-5 working days of collection, unless delivering to an outlying area of the UK such as the Highlands and Islands of Scotland, the Isle of Man and the Isle of Wight, in which case they may take up to 7 working days. The courier will make 3 attempts to deliver your order. You can find information about MyHermes Courier services here: https://www.myhermes.co.uk/our-services/couriers.html.

Proof of postage is always obtained.

We only deliver within the United Kingdom.


Cancelling, Returns and Refunds


If you wish to cancel your order before you receive your completion email, please email admin@rosarts.co.uk with ‘Cancellation’ as the title of your email. If we receive this in time, we will not dispatch your order and will refund your payment. If you wish to cancel once you have received the completion email then you will need to wait until the order has been delivered to you and follow our returns policy. Returns are accepted only for cancelled or faulty goods. Refunds are only given for cancelled or faulty goods. We will email you our return address.

Returning a cancelled order:

To return an order that has been cancelled by you, you must do so within 14 days of receipt. The product must be returned unused, in the same condition as received by you and in the original packaging. Once we have received the product from you in unused condition, we will refund you the sum you paid for it, within 14 days. It is at our discretion whether returned items are in resalable condition in order to qualify for a full refund.

Returning an order where the product is faulty:

We hope your product reaches you in perfect condition, but if you think it is faulty or that we have made an error, please contact us via email and we will work together to sort out its return, replacement or refund. In cases of faulty goods, a replacement will be issued when we receive the faulty order from you, unless you wish to be refunded instead. If you do wish to be refunded, please advise us via email and when we have received the product from you, we will refund you the sum you paid for it, within 14 days. If you would like a replacement item, please advise us via email and we will issue one once we have received the product you are returning. In such cases of faultiness or error on our part, we will cover the costs of postage for the replacement item.

You will be responsible for any postage and packaging charges incurred when returning goods to us, except in the case of error on our part or of faulty good. When returning items,  we strongly advise you to return products by a guaranteed postal service, such as recorded delivery or courier, as you are responsible for the goods until we have received them. If products are ‘lost in transit’ while being returned to us, a refund will not be considered unless proof of postage by you is supplied.

We can work with you to sort out returns and refunds via email: admin@rosarts.co.uk.


Liability


You agree that if you break these terms and conditions, or if you use this website in any way that raises liability, you will be responsible for the cost of any damage we may suffer as a result, which may include reasonable legal fees. Nothing in these terms and conditions excludes or limits our liability for death or personal injury resulting from our negligence. Our liability to you in respect of each order you make is capped at a sum equal to the cost of the products included in that order. We are not responsible for any losses or damages whatsoever resulting from your use or misuse of this website.

We do not accept liability for any errors and/or omissions appearing on www.rosarts.co.uk. We reserve the right to change product specifications, prices and availability of our products and services at any time and without notice to you. We reserve the right to cancel the contract between us if we have insufficient stock to fulfil the order you have made.

Please check estimated delivery dates based on dispatch carefully. We have liability to you for  any delays in the delivery of products you order, whether or not this delay is beyond our control.

We do our utmost to ensure that the product pictures we use are accurate but as your own computer or device will have its own colour and monitor settings we cannot be held responsible for any differences in colour between the images shown on www.rosarts.co.uk and the product that you receive.

This website is provided on an as-is basis. We work hard to ensure the information provided on this website is true and accurate, although we cannot guarantee the suitability, accuracy, performance or suitability of information and materials found here for any specific purpose. Your use of this website and its content is entirely at your own risk, of which we shall accept no responsibility. You acknowledge that it is your responsibility to ensure any products, services or information available on this website meets your particular requirements.  Although we make every effort to ensure the website and its content runs smoothly, we do not warrant that this website will be entirely error-free and timely. We cannot warrant that this website or its hosting server is entirely free of bugs, viruses or technical issues. Rosarts takes no responsibility for technical issues arising which may make the website temporarily unavailable. Occasionally this website may provide links to other websites, for your convenience or information. This does not mean that we endorse these websites or that we have any responsibility for their content.  We will not be responsible for any loss of content or material uploaded through our website.

We work hard to ensure the data you provide to us on this website is protected. However, we cannot be held responsible for any breach in our secure computer servers. Please read our Privacy Policy to ensure you are happy with how we collect and use the information you provide to us.


Available Languages and Written Communication


This website and its contents are available in the following languages: English (UK). When using this site, you accept that communications between us will primarily be electronic. This will by e-mail, social media communications or by relevant information posted on the website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Rosarts provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.



Copyright Notice


Rosarts® is a registered trademark and as such the brand is protected under Intellectual Property Law. Any infringement of this trademark will be pursued.

The products for sale on this website are prints of original artworks created by Alex Muller-Nicholson, the owner of www.rosarts.co.uk and trading as ‘Rosarts’ for business purposes. These prints and their images and the designs used on this website are the intellectual property of and copyright to Alex Muller-Nicholson (the artist).  You must not reproduce, modify or distribute our images or any part of these images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.

All copyright in this website is owned by Alex Muller-Nicholson/Rosarts and may not be reproduced or redistributed in any form unless we grant a licence permitting it. You may not, except with our express written permission, distribute or commercially exploit the content of this website. Nor may you transmit it or store it in any other website or electronic retrieval system. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

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