Skylark Animal Art
Terms and Conditions
These Terms and Conditions (“Terms”) govern your use of the Skylark Animal Art website (the “Website”) and your purchase of goods (“Goods”) from us. By using this Website or placing an order, you agree to be bound by these Terms.
You must be at least 18 years old to purchase Goods.
1. Definitions
“We/Us/Our” refers to Skylark Animal Art.
“You/Your” refers to the user or customer.
“Goods” means any artwork or products offered for sale on our Website.
“Content” means all information, images, and data published on our Website.
2. The Contract & Ordering
2.1 Order Acceptance: Your order is an offer to buy. We accept your order by sending an email confirmation, at which point a contract is made.
2.2 Availability: All Goods are subject to availability. If an item is unavailable after you have ordered, we will contact you to offer an alternative, cancel the item, or cancel the entire order.
2.3 Price: The price for Goods is as stated on our Website. In the rare event the price has increased, we will contact you before accepting your order.
2.4 Product Descriptions: We make every effort to display Goods accurately. However, all descriptions, sizes, and weights are approximate. Colours may vary depending on your device, and images in room mockups are for representation only and not to scale. This information does not form part of the contract.
3. Payment
3.1 Payment: You must pay the full price of your order before we dispatch any part of it.
3.2 Currency: All payments are processed in Pounds Sterling (GBP).
3.3 International Charges: You are responsible for any banking fees or currency conversion charges related to your payment. Any exchange rate information we provide is approximate.
3.4 Deductions: You must pay all sums due without any set-off, deduction, or counterclaim.
4. Delivery
4.1 Process: We will deliver Goods via a Carrier to the address you provide. You must ensure someone is present to accept delivery.
4.2 Timescale: If we cannot deliver within 30 days of your order, we will notify you by email to arrange an alternative date.
4.3 International Orders: We are currently unable to dispatch orders to Europe and Northern Ireland.
5. Returns and Cancellations
5.1 Right to Cancel: You have the right to cancel your order within 14 days of receiving the Goods. You must notify us of your intent to cancel within this period.
5.2 Non-Cancellable Goods: This right to cancel does not apply to custom-commissioned artworks.
5.3 Return Conditions:
You must return the Goods to the artist (at the address we provide) within 21 days of the original delivery.
Goods and all original packaging must be in their original, resalable condition.
All returns are made at your own risk and cost. We recommend using a tracked and insured service.
5.4 Refund: Once the artist has received and approved the returned Goods, we will issue a refund to your original payment method, typically within 30 days.
5.5 Communication: All communication regarding sales, returns, or commissions must be with Skylark Animal Art, not with individual artists directly.
6. Intellectual Property & Website Use
6.1 Ownership: All intellectual property rights in the Content and Goods remain the sole property of us and/or the artists.
6.2 Permitted Use: You may download or copy Content for your own personal, non-commercial use only.
6.3 Prohibited Use: You must not copy, modify, publish, sell, reproduce, create derivative works from, or otherwise exploit any of our Content or Website. You must not attempt to breach our Website’s security, interfere with its service, or use it for any unlawful purpose.
6.4 Indemnity: You agree to indemnify us against any claim or demand, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or third-party rights.
7. Disclaimers and Limitation of Liability
7.1 “As Is” Basis: We provide the Website and Goods “as is.” We make no warranty, express or implied, as to the truth of any information, the adequacy of the Goods for your purpose, or the compatibility of our Website with your equipment.
7.2 External Links: We are not responsible for the content or reliability of any third-party websites linked from our Website.
7.3 Limitation of Liability: We are not liable for any special, indirect, or consequential loss. In any claim, our total liability to you is limited to the value of the Goods you purchased under the disputed contract.
8. General Legal Terms
8.1 Force Majeure: We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
8.2 Severability: If any term is found to be void or invalid, it shall be reduced only to the extent necessary to be enforceable. All other terms shall remain in full effect.
8.3 No Waiver: Any failure by us to enforce a provision is not a waiver of our right to do so later.
8.4 Dispute Resolution: You agree to attempt to settle any dispute with us through good-faith mediation before commencing litigation.
8.5 Governing Law: This Agreement is governed by the law of England.