Coloursoup

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Art (Artwork) listed on our website www.coloursoup.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Artwork from our site. You should understand that by ordering any of the Artwork, you agree to be bound by these terms and conditions.

1.Information about us

1.1We operate the website www.coloursoup.com. We are Coloursoup Limited a company registered in England and Wales under company number 7808861 and with our registered office at 46 Prescott Street, Halifax, HX1 2QW Our main trading address is 48 Hall Green Lane, Hutton, Brentwood, CM13 2QU.

2.Service availability

2.1 We accept orders from UK and EEA countries. Some restrictions are placed on the extent to which we accept orders from countries outside the EEAs - we suggest you contact us either by phone (+44 (0)845 468 0323) or email (enquiries@coloursoup.com) so we can discuss delivery.

3.Your status

By placing an order through our site, you warrant that:
(a)you are legally capable of entering into binding contracts; and
(b)you are at least 18 years old.

4.How the contract is formed between you and us

4.1After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Artwork. We will then contact the Artist and ensure that the Artwork is available for dispatch. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Artwork has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

4.2The Contract will relate only to the Artwork whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Artwork which may have been part of your order until the dispatch of such Artwork has been confirmed in a separate Dispatch Confirmation.

5.Our status

5.1Please note that we accept orders as third party sellers of Artwork and provide the artwork to you subject to these terms and conditions.

6.Consumer rights

6.1If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Artwork. In this case, you will receive a full refund of the price paid for the Artwork in accordance with our refunds policy (set out in clause 10 below).

6.2To cancel a Contract, you must inform us initially by telephone followed up in writing. You must also return the Artwork to us as soon as reasonably practicable, and when you call to cancel the Contract we will arrange for collection of the Artwork from you. We reserve the right to charge you for collection of the Artwork at our discretion. You agree to use all reasonable endeavours to cooperate with us in connection with the collection of the Artwork. You have a legal obligation to take reasonable care of the Artwork while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.

7.Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances which will be notified to you in writing. We reserve the right to contact you by telephone to ensure that the Artwork has been received by you and is to your satisfaction.

8.Risk and title

8.1The Artwork will be your responsibility from the time of delivery.

8.2Ownership of the Artwork will only pass to you when we receive full payment of all sums due in respect of the Artwork, including delivery charges.

9.Price and payment

9.1The price of the Artwork and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.

9.2Artwork prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

9.3Our site contains a large number of Artwork and it is always possible that, despite our best efforts, some of the Artwork listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where an Artwork’s correct price is less than our stated price, we will charge the lower amount when dispatching the Artwork to you. If an Artwork’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Artwork, or reject your order and notify you that we are rejecting it.

9.4If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Artwork to you at the incorrect (lower) price.

9.5Payment for all Artwork must be by credit or debit card via Pay pal and is subject to the Pay pal terms and conditions. We will not charge your credit or debit card until we dispatch your order.

10.Our refunds policy

10.1If you return Artwork to us:
(a)because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Artwork in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b)for any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Artwork is defective), we will examine the returned Artwork and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of defective Artwork in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

10.2We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11.Warranty

We warrant to you that Artwork purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Artwork of that kind are commonly supplied.

12.Our liability

12.1Subject to clause 12.2 and clause 12.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions at the time we entered into this contract with one another

12.2We envisage supplying the Artwork for domestic or private use.You agree not to use the Artwork for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3Nothing in this agreement excludes or limits our liability for:
(a)death or personal injury caused by our negligence;
(b)fraud or fraudulent misrepresentation;
(c)any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987.

13.Import duty

13.1If you order Artwork from our site for delivery outside the UK, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

13.2Please also note that you must comply with all applicable laws and regulations of the country for which the Artwork is destined. We will not be liable for any breach by you of any such laws.

14.Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15.Notices

All notices given by you to us must be given to Coloursoup Limited at admin@coloursoup.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.Transfer of rights and obligations

16.1The contract between you and us is binding on you and us and on our respective successors and assignees.

16.2You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17.Events outside our control

17.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)strikes, lock-outs or other industrial action;
(b)civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c)fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d)impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e)impossibility of the use of public or private telecommunications networks;
(f)the acts, decrees, legislation, regulations or restrictions of any government; and
(g)pandemic or epidemic.

17.3Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18.Waiver

18.1If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19.Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

20.Entire agreement

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

21.Our right to vary these terms and conditions

21.1We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

21.2You will be subject to the policies and terms and conditions in force at the time that you order Artwork from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Artwork).

22.Law and jurisdiction

Contracts for the purchase of Artwork through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

23.Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.