In these terms of sale, unless the context requires otherwise:-
“Contract” means the contract formed between You and Us for the supply of Goods by Us to You;
“Goods” means the goods advertised by Us on Our Website and ordered by You;
“Us” means Michele Marcoux Artist
18 Bryson Road
Edinburgh EH11 1EE
“We” and “Our” shall be construed accordingly;
“Website” means the website operated by Us and located using the URL “http://www.michelemarcoux.com”; and
“You” means the person submitting an order for Goods to Us, and
“Your” and “Yourself” shall be construed accordingly.
2. Formation of the contract
2.1 These terms of sale apply to all Goods supplied by Us to You, to the exclusion of any other terms except those expressly accepted by Us in writing.
2.2 No contract exists between You and Us for the sale of any Goods until we have received and accepted your order and send You confirmation by writing or by e-mail to the address or e-mail address You have given that Your order has been accepted by Us. Once We do so there is a binding legal contract between You and Us.
2.3 We reserve the right in Our sole discretion not to accept Your order. In addition, if We reasonably conclude at any time that Our processing of Your order would be illegal, We may decline to accept Your order, or (if We have accepted Your order) terminate the Contract without any further liability to You other than refund of any sum already paid by You to Us.
2.4 The Contract is subject to Your right of cancellation (see below).
2.5 We may change these terms of sale without notice to You in relation to future sales.
3. Description and price of the Goods
3.1 The description and price of the Goods You order will be as shown on Our Website at the time You place Your order. We cannot guarantee an exact colour match against any photography used on Our Website as Your browser software and monitor may reproduce the colours of the photographs differently from Ours. You accept that there may be minor colour variations between Goods due to their method of manufacture and the materials used.
3.2 The Goods are subject to availability. If on receipt of Your order the Goods You have ordered are not available in stock, We will inform You as soon as reasonably possible, and refund or recredit You for any sum that has been paid by You or debited from Your credit or debit card for the Goods.
3.3 Every effort is made to ensure that prices shown on Our Website are accurate at the time You place Your order. If an error is found, We will inform You as soon as possible and offer You the option of reconfirming Your order at the correct price or cancelling Your order. If You cancel, We will refund or recredit You for any sum that has been paid by You or debited from Your credit or debit card for the Goods.
3.4 In addition to the price, You will be required to pay a delivery charge for the Goods, as shown in the “Basket” section of Our Website which deals with delivery.
3.5 The price of the Goods and delivery charges are inclusive of VAT.
4.1 Payment for the Goods and delivery charges can be made by any method shown on Our Website at the time You place Your order but in all cases must be made prior to Us sending to You the Goods ordered.
4.2 If you tender payment by debit card, credit card or any form of internet payment system, and payment is refused to Us by the card or system operator, We will not be obliged to fulfil the Contract and may terminate it by sending You notice in writing or by e-mail to the address or e-mail address You have given. We will not have any liability to You in respect of termination of the Contract in these circumstances.
5.1 The Goods You order will be delivered to the address You give when You place Your order. We will send the Goods by recorded delivery mail or (if the delivery address is outside the United Kingdom) by “international signed for” mail.
5.2 If delivery cannot be made to Your address, We will inform You in writing or by e-mail as soon as reasonably possible, and refund or recredit You for any sum that has been paid by You or debited from Your credit card for delivery, less the costs to Us of attempted delivery to You.
5.3 If there is no one at the address given who is competent to accept delivery of the Goods, You will be entitled to uplift the Goods from Our delivery agents in accordance with their standard terms and conditions. If You fail to do so then We shall be entitled to retain any Goods returned to Us by Our delivery agents. We shall refund any sum paid by You to Us for such Goods, less Our costs incurred in attempting to deliver the Goods to You.
5.4 Every effort will be made to deliver the Goods as soon as reasonably possible after Your order has been accepted, and in any event within 30 days of Your order. However, We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. In this case, We will inform You as soon as reasonably possible.
5.5 You will become the owner of the Goods You ordered and responsible for risk of loss of or damage to them once they have been delivered to You.
6. Your right of cancellation
6.1 You have the right to cancel the Contract at any time up to the end of seven working days after You receive the Goods (see below). A working day is any day other than weekends and bank or other public holidays.
6.2 To exercise Your right of cancellation, You must give written notice to Us by hand or post, fax or e-mail, at the address, fax number or e-mail address shown above, giving details of the Goods ordered and (where appropriate) their delivery.
6.3 If You exercise Your right of cancellation after the Goods have been delivered to You, You will be responsible for returning the Goods to Us at Your own cost. The Goods must be returned to the address shown above. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
6.4 Once You have notified Us that You are cancelling the Contract, We will refund or recredit You within 30 days for any sum that has been paid by You or debited from Your credit card for the Goods, provided You return the Goods to Us in the same condition as they were despatched to You.
6.5 If You do not return the Goods as required, We may charge You a sum not exceeding the direct costs of recovering the Goods. If We have not yet refunded You in accordance with condition 6.4, We may deduct the costs of recovering the Goods before refunding You the balance paid by You.
7.1 Nothing in the Contract will affect Your statutory rights as a consumer.
7.2 We will not be liable to You in respect of any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, use otherwise than as recommended by Us, Our instructions,if any, or any alteration or repair carried out without Our approval.
7.3 If the Goods supplied to You develop a defect, or You have any other complaint about the Goods, You should notify Us in writing at the address or e-mail address shown above.
8. Data protection
8.1 We will take all reasonable precautions to keep the details of Your order and payment secure, but unless We are negligent, We will not be liable for unauthorised access to information supplied by You.
8.2 We will only use the information You provide about Yourself for the purpose of fulfilling Your order, unless You agree otherwise. We would like to notify You of products and offers that may be of interest to You from time to time, and if You would like to be notified of these please tick the box provided on the Website at the point We collect Your contact details from You. We do not store credit card details nor do we share customer details with any 3rd parties.
9. Applicable Law
These terms of sale and the supply of the Goods will be subject to Scots law, and the Scottish courts will have jurisdiction in respect of any dispute arising from the Contract.
In these terms of sale, unless the context requires otherwise:-