Terms and Conditions
These terms and conditions will apply to all transactions placed with Nicola Penny ceramics. Throughout the site, the terms “we”, “us” and “our” refer to Nicola Penny ceramics. Please read them carefully before placing any order. All contracts shall be governed by and construed in accordance with English Law and any dispute between us will be resolved exclusively in the courts of England and Wales. Nothing in these terms and conditions will be deemed to affect your statutory rights.
By visiting our site and / or purchasing something from us, you agree to be bound by the following terms and conditions (“terms of service”, “terms”). By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you do not agree to these terms, you may not use this Site. We reserve the right, at any time, to alter, modify, or update these Terms and Conditions of Use. By accepting our Terms and Conditions of Use, you agree to be bound by such alterations, updates, or modifications.
Pricing and Availability
All prices are stated in British pounds. Please note you are responsible for complying with local tax laws. Nicola Penny ceramics reserves the right to change product prices and information without prior notice. All products are subject to availability and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service
Payment
Nicola Penny ceramics uses PayPal and Stripe to process payments. These secure merchants are independent and will never disclose your payment details to us. All credit / debit card transactions are subject to validation checks and are authorised by the card issuer. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your order. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder. We accept MasterCard, Visa, Delta, Switch and Maestro. We do not accept American Express.
Your contract with us
The receipt of an email order confirmation or an order number does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Certain orders may constitute improper use of this Site. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on this Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any inaccuracies, errors, or omissions (including after an order has been submitted).
Shipping / Delivery
We will make every effort to deliver to you within the time stated but we will not be liable for any loss or damage caused to you directly or indirectly by late delivery. All dates quoted for delivery are estimated delivery dates and may be subject to change. Sometimes due to unforeseen circumstances such as severe weather or during busy times like Christmas, deliveries may take a little longer. Please also see our Shipping page for further details.
Cancellation
Nicola Penny ceramics reserves the right to refuse, cancel, unwind or suspend any transaction and not supply the products if it is reasonable to do so. You may normally cancel your order up to the point of dispatch. If you do cancel your order within this time any payments made by you will be refunded.
Product descriptions and colours
Nicola Penny ceramics has made every endeavour to ensure that photographs, dimensions and product descriptions represent our Products as accurately as possible, however we cannot guarantee that all product descriptions are current and error free. In some instances there may be a slight variation in appearance and colours of the actual products due to the production process, the lighting in which they were photographed or your computer's monitor or screen settings, therefore all colours shown are representational only as different screens and monitors will vary depending on their individual colour settings.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Copyright
This website and its entire content is copyright © Nicola Penny ceramics / Nicola Penny 2023. All rights reserved.
All copyright, design rights and intellectual property rights existing in these designs and products, and in the images on this website are and will remain the property of Nicola Penny. No transfer of these rights is given or implied with purchase or sale of work. Any infringement of these rights will be taken extremely seriously. Any redistribution or reproduction of part or all of the contents in any form is prohibited without prior written permission.
Third party links
From time to time this website may also include links to other websites that are not affiliated with us. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Terms and Conditions in relation to Consignment Contracts
Loss or Damage
The gallery shall be strictly liable for loss or damage to any consigned artwork from the date of delivery to the gallery until the artwork is returned to the artist or delivered to a purchaser. In the event of loss or damage that cannot be restored, the artist shall receive the same amount as if the artwork had been sold at the retail price.
Insurance
The gallery shall insure the artwork for its full wholesale price. In the event an insurance claim is made, the gallery shall pay all deductibles.
Pricing and Terms of Payment
The gallery shall sell the artworks only at the retail price specified on the List of Inventory. Both parties must agree to any change to the retail price or the gallery’s commission and/or payment terms in advance.
Fiduciary Responsibilities
Title to each of the artworks shall remain in the artist’s name until the artist has been paid in full. Upon payment, title then passes to the purchaser. All proceeds from the sale of the artworks shall be held in trust for the artist until the artist is fully paid. The gallery shall pay all amounts due to the artist before any proceeds of sales can be made available to any and all creditors of the gallery.
Transportation of Artwork
Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of the artworks:
•From the artist to gallery shall be borne by the artist
•From the gallery to the artist shall be borne by the gallery
•From the gallery to any point other than the artist shall be borne by the gallery
The gallery is also responsible for storing and using custom-made boxes and shipping containers made specifically for artwork.
Promotion
The gallery shall use its best efforts to promote, display and sell artworks. The gallery shall clearly identify the artist’s name with all artworks and shall include the artist’s name on the bill of sale for any artwork sold by the gallery. Please do NOT post content on Facebook/Meta or Pinterest.
Reproduction
The artist reserves all copyrights to the reproduction of the artworks except as noted in writing to the contrary. The gallery may arrange to have the artworks photographed to publicise and promote the artworks through means to be agreed by both parties. In every such use, the artist shall be acknowledged as the creator and copyright owner of the artwork. The gallery shall include on each bill of sale of any artwork the following legend: "All copyrights to reproduction of the artwork(s) identified herein are retained by the artist."
Copyright
The gallery shall take all steps necessary to insure that the artist’s copyright in the consigned artworks is protected in the artist’s name.
Duration and Termination of Consignment
The artist and the gallery agree that the initial term of consignment will be agreed upon delivery of the work and that the artist will not ask for return of the artwork prior to this date unless the agreement is breached by the gallery. Thereafter, this agreement shall continue until written notification of termination from either party to the other. Within thirty days of the termination notification, all accounts shall be settled and all unsold artwork shall be returned to the artist at the gallery’s expense. The agreement shall automatically terminate if the gallery becomes bankrupt or insolvent, or breaches the agreement.