- These terms
- What these terms cover. These are the terms and conditions on which we supply Goods to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
- Who we are. We are Punk and Thunder Limited a company registered in England and Wales. Our company registration number is 13207330 and our registered office is at 130 Old Street, London, EC1V 9BD.
- How to contact us. You can contact us by telephoning our customer service team at 07970 550952 or by writing to us at firstname.lastname@example.org.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Artist”means the artists associated with Punk and Thunder Limited who display Goods for sale on our website.
- “Buyer” or “Customer”means the person and/or organisation who uses the website and purchases Goods through the website.
- “Commissioned Goods”shall mean any Goods created by an Artist according to your specific requirements.
- “Consumer” and “Consumers”shall have the meaning set out in the Consumer Contracts Regulations 2013.
- “Goods”means the pieces of art/artwork/products and Commissioned Goods which you agree to buy from Punk and Thunder Limited acting as agent for the Artist.
- “Order”means your order for Goods.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
- Formation of the contract. A contract will come into existence between you and us when we accept your Order (whether by email or otherwise). The contract between you and Punk and Thunder Limited is comprised of your Order and these terms and conditions.
- If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
- We only sell to the UK. Our website is solely for the promotion of Goods in the UK. Unfortunately, we do not deliver to addresses outside the UK.
- Our Goods
- Colours of images of Goods may vary from the original.The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Goods. Your Goods may vary slightly from those images.
- Making sure your measurements are accurate. If an Artist is making the Goods to measurements you have given us you are responsible for ensuring that these measurements are correct. An Order made with measurements provided by you will be a Commissioned Goods.
- Your rights to make changes
If you wish to make a change to the Goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
- Providing the Goods
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the Goods. We will deliver the Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Delivery may be directly from the Artist or from us.
- We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control (including any failure by the Artist to deliver the Goods on time), then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
- If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
- If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.1 will apply.
- When you become responsible for the Goods. Goods will be your responsibility from the time we deliver the Goods to the address you gave us.
- When you own Goods. You own the Goods once we have received payment in full and we have accepted your Order.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Goods to you. If so, this will have been stated in the description of the Goods on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of Goods to you. We may have to suspend the supply of Goods to:
- deal with technical problems or make minor technical changes;
- make changes to an Order or Commissioned Goods as requested by you or notified by us to you.
- Your rights if we suspend the supply of Goods. We will contact you in advance to tell you we will be suspending supply of the Goods unless the problem is urgent or an emergency. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days, and we will refund any sums you have paid in advance for the Goods in respect of the period after you end the contract.
- Your rights to end the contract
- Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced, or to get some or all of your money back).
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any Goods which have not been provided. The reasons are:
- we have told you about an upcoming change to the Goods or these terms which you do not agree to;
- we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;
- there is a risk that supply of the Goods may be significantly delayed because of events outside our control;
- we have suspended supply of the Goods for technical reasons, or notify you we are going to suspend them for technical reasons,
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You will be responsible for the cost of any return if you have changed your mind. These rights, under the Consumer Contracts Regulations 2013, are applicable to Consumers only and are explained in more detail in these terms. These rights do not apply to Commissioned Goods.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of Commissioned Goods.
- How long do I have to change my mind? you have 14 days after the day you (or someone you nominate) receives the Goods.
- How to end the contract with us (including if you have changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 07979 550952 or email us at email@example.com . Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Returning Goods after ending the contract. If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us or the Artist. Please call customer services on 07979 550952 or email us at firstname.lastname@example.org for a return label or to arrange collection and for us to confirm where you need to return the Goods to. If you are exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the Goods are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods if this has been caused by your handling them.
- When returning Goods you should retain all original packaging and repackage the Goods securely to guard against any damage. You are also responsible removing all shipping labels and placing the correct shipping labels on to the return parcel.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- Your refund will be made within 14 days from the day on which we/the Artist receives the Goods back from you.
- If there is a problem with the Goods.
- How to tell us about problems. If you have any questions or complaints about the Goods, please contact us. You can telephone our customer service team at 07979 550952 or write to us at email@example.com .
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for supply of the Goods at any time by writing to you if:
(a) you do not make payment to us when it is due.
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods.
(c) you do not, within a reasonable time, allow us to deliver the Goods to you or collect them from us.
11.2We may end the contract for circumstances beyond our reasonable control.We may end the contact for the supply of Goods by writing to you if:
(a) The Goods are no longer available for sale or are out of stock.
(b) The price is wrong. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Good's correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Goods provided to you.
(c) We are not able to meet a delivery deadline that you have set.
(d) There are unexpected limits on our resources which we could not have reasonably planned for.
11.3 You must compensate us if you break the contract.If we end the contract in the situations set out in Clause 11, we will refund any money you have paid in advance for Goods we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- Price and payment
- Where to find the price for the Goods. The price of the Goods will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Goods advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the Goods you order.
- When you must pay and how you must pay. We accept most major card payments as well as Apple Pay and Google Pay. You must pay the full price of your Order before we dispatch it.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not liable for losses exceeding the price of the Goods.Other than those implied by law where you are dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
- How we may use your personal information
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of these terms or the contract in the English courts. If you live in Scotland you can bring legal proceedings in respect of these terms or the contract in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms or the contract in either the Northern Irish or the English courts.