TERMS & CONDITIONS

1 – Formation of the Contract

1.1 – Your access to and use of timlovesart.com (‘the Website’) and any Services referred to in Clause 2, is
subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose
that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully
accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms
and Conditions you must immediately stop using the Website/Services.
1.2 – We reserve the right to update or amend these Terms and Conditions at any time and your continued
use of the Website/Services following any changes shall be deemed to be your acceptance of such change.
It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 – The Services

The Website may provide communication tools such as image galleries, administration areas, email, bulletin
boards, chat areas, news groups, forums and/or other message or communication facilities (‘the Services’)
designed to enable you to communicate with others. Unless stated otherwise the Services are for your
personal and non-commercial use only.

3 – Child Supervision

3. 1 – We are concerned about the safety and privacy of our users, particularly children. Parents who wish to
allow their children access to and use of the Website/Services should supervise such access and use. By
allowing your child access to the Website/Services you are allowing your child access to all of the Services. It
is therefore your responsibility to determine which Services are appropriate for your child. Always use
caution when revealing personally identifiable information about yourself or your children via any of the
Services.
3.2 – You must be at lest 18 years old to order goods from the Website. By accepting these Terms and
Conditions you are confirming that you are no less than 18 years old. If you are using the Website to
purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to
bind such business to a contract with Tim Loves Art for the purchase of goods.

4 – Orders and Prices

4.1 – Select the number of items you wish to buy, then click on checkout and enter your personal details onto
the form. Your order will then be sent to Tim Loves Art by e-mail. You can also order by telephone on +44 (0)
7712 190 999.
4.2 – Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out. All
prices are inclusive of VAT.

5 – Title and Passing of Risk

5.1 – Title and risk in the Artwork shall pass to you when Tim Loves Art has received the payment price for
the Artwork in full, in cash or in cleared funds, whether or not delivery has been made. Upon such payment,
you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you
shall be responsible for insuring the same.
5.2 – If we agree with you payment by set instalments the Artwork will be kept at Tim Loves Art busines
premises until the full balance is paid.

6 – Delivery

6.1 – If you purchase the Artwork through the Internet or Mail Order, delivery will be made by Tim Loves Art
delivering the goods to the address specified in your order. Delivery will be made through a reputable courier
service for UK orders and International courier services for non-UK orders. All delivery charges will be
payable by you. Please allow up to 21 days for delivery.
6.2 – Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork
is placed with the courier service.

7 – Export

7.1 – If the Work is to be exported from the United Kingdom, whether to other countries within the European
Union or outside the European Union, we will normally make appropriate arrangements for export and
shipment and may make a reasonable additional charge for doing so.
7.2 – If, contrary to our normal practice, we allow you to make arrangements for export of the Work, you
must:
7.2.1 comply with all requirements of any relevant tax authorities (that is, any authority imposing
administrating or collecting any tax, duty or levy including HM Revenue and Customs), any export licensing
authorities and any other relevant official bodies and:
7.2.2 provide us with all the relevant documents showing proof of export without delay and in any event
within 7 days from the date of shipment; and
7.2.3 reimburse to us any sum claimed if HM Revenue and Customs, any relevant tax authorities or any
other official body makes any claim against us for VAT, sales tax, use tax or any other expense or penalties
resulting from your failure to comply with the relevant requirements for export and import
7.3 When on its sale to you the Work is intended for export, you will be charged for VAT on the Work should
it not be exported.
7.4 In any event you will be responsible for paying any taxes including but not limited to import tax, duty,
merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on
import or at any other time.
7.5 Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining
an export licence and failure or delay in obtaining a license will not constitute a basis to cancel a purchase or
delay payment for it.

8 – Breach by the Buyer

8.1 If you fail to pay the purchase price in full (or if we agree with you payment by set instalments and you
fail to pay any one or more instalment) by the due date, or if prior to you paying the purchase price in full you
fail to comply with the obligations set out in clauses 6 and 7 above, or otherwise do or fail to do anything
which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice
to our other rights and remedies at law) to either:
8.1.1 terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered;
or
8.1.2 or at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in
which case) we shall following the safe return of the Work, refund to you any part of the purchase price you
have paid, after deduction of any sums due to us including but not limited to costs of recovery and
restoration of the Work.
8.2 We shall also have the right to repossess the Work and cancel the sale if before you make full payment
of the purchase price to us, proceedings occur in the UK or elsewhere involving your solvency (including but
not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting
to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the
appointment of an administrator; or the appointment of an administrative or other receiver).
8.3 Where we notify you of the exercise of our right to repossession, you will within seven days of such
notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to
enter the premises where the Work is (separately) kept and take the Work away at your cost (it being
understood that where the Work consists of more than one item, our rights of repossession extend to all such
items).

9 – Disclaimers and Limitation of our liability

9.1 – Use of the Website/Services is at your own risk. The Website/Services are provided on an ‘AS IS’ and
‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind
whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 – To the extent permitted by law, the Website and companies associated with the Website will not be
liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of
business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
9.3 – Tim Loves Art makes no warranty that the Website/Services will meet your requirements, that Content
will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free,
that defects will be corrected or that the Website/Services or the server that makes them available are free of
viruses or anything else which may be harmful or destructive.
9.4 – Tim Loves Art is not responsible in any way for any artwork sales that you or third parties may engage
in.
9.5 – Tim Loves Art reserve the right to refuse use of the Services.
9.6 – Tim Loves Art reserve the right to refuse or remove images or text posted on the Website.

10 – Rescission

We will have the right, but not the obligation, to rescind a sale without notice to you, where an adverse claim
is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice
of our election to rescind the sale, you will promptly return the Work to us. We will then refund the price and
any amount paid to us that represents a royalty due to the Work’s author upon the resale of the Work
(“Resale Royalty”). The refund of the price and any Resale Royalty will constitute your sole remedy and
recourse against us with respect to such claims.

11 – Copyright

11.1 – In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain
the property of the Artist at all times.
11.2 – You may not produce any image of the Artwork and may not, at any time, publish or submit for
publication or reproduction of any image of the Artwork to any third party.

12 – Data protection

12.1 – You confirm that you are aware of and consent to the use by Tim Loves Art of any personal data within
the meaning of the Data Protection Act 1998 and that Tim Loves Art may create and maintain computer and
paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in
the course of the purchase of the Artwork.
12.2 – By agreeing to these Terms and Conditions you consent that such personal data may be used for
promotions connected with Tim Loves Art.

13 – Cancellation Rights

Please note that you cannot cancel this contract. Accordingly, once purchased you may not return the
Artwork and Tim Loves Art does not offer refunds.

14 – Waiver

No failure or delay by Tim Loves Art in exercising any right, power or privilege shall impair the same or
operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege
preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and
remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and
remedies provided by law.

15 – Severance

If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void
or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions
and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and
Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these
Terms and Conditions.

16 – Governing Law and Jurisdiction

16.1 – These terms and conditions and any non-contractual obligations arising from or in connection with
them shall in all respects be construed and take effect in accordance with English law.
16.2 – If you are purchasing the Work as a consumer, the courts of England and Wales will have nonexclusive
jurisdiction in relation to any dispute (a) arising from or in connection with these terms and
conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms
and conditions. If you are not purchasing the Work as a consumer, the courts of England and Wales will have
exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and
conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms
and conditions.

17 – Arbitration

17.1 Notwithstanding clause 16.2 above, either party may, by giving written notice to the other, elect to have
any disputes arising out of, or in connection with, the sale and purchase of the Work referred to a single
arbitrator in London to be resolved in accordance with the Arbitration Act 1996. The seat of such an
arbitration will be London and the language to be used in the arbitral proceedings will be English. In the
event that the parties cannot agree upon an arbitrator either party may apply to the President of the Law
Society of England and Wales for the time being to appoint as arbitrator a Queen’s Counsel of not less than
5 years standing. The decision of the arbitrator shall be final and binding.
17.2 Save that the parties acknowledge each other’s right to seek, and the power of the High Court to grant,
interim relief, no Court action shall be brought in relation to any claim or dispute until the arbitrator has made
a final award.

18. Information on data and GDPR compliance

For information on how we manage and process your data please carefully read our Privacy Policy & Cookie Policy