Thanks for visiting our website, mariannenix.com (the “Site”). This Site is operated by Marianne Nix (“Marianne Nix ,” “we,” “us,” or “our”). Through the Site we provide a market place that enables you to purchase artwork (“Products”) direct from Marianne Nix Art(the “Seller”). This page (together with the documents expressly referred to on it) provides information about us and the legal terms and conditions (“Terms”) on which Products listed on our website are sold to you. These Terms govern your use of the Site and will apply to any contract for the sale of Products to you (“Contract”).
Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Please note that by ordering Products, you agree to be bound by these Terms and the other documents expressly referred to in them. We reserve the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because, by visiting the Site, you agree to accept any such changes. Marianne Nix Art provides you with access to and use of the Site subject to your compliance with the Terms. These Terms were most recently updated on 28 December 2017. These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.mariannenix.com. If you’d like to get in touch with us, please email us on [email protected]
2. The Products
2.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours will accurately reflect the colour of the Products.
2.2 The packaging of the Products may vary from that shown on images on our Site.
3. How we use your personal information
4. If you are a consumer
4.1 This clause 4 shall only apply if you are a consumer on our Site.
4.2 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old.
4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If you are a business customer
5.1 This clause 5 only applies if you are a business customer on our Site.
5.2 If you are not a consumer, you confirm that you have authority to represent any business on whose behalf you use our Site to purchase Products.
5.3 These Terms and any document expressly referred to herein constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made, or given by, or on behalf of us set out in these Terms or any document expressly referred to within them.
6. How the contract is formed between you and us
6.1 For the steps you need to take to place an order on our Site, please see our FAQs section.
6.2 Our order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
6.3 All Products shown on our Site are subject to availability. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. Once you have our Order Confirmation, a binding contract will be formed between you and mariannenix.com for purchase of the Product and your payment will be processed. You shall receive a dispatch confirmation from us once your Product has been dispatched for delivery (“Dispatch Confirmation”).
6.5 If following Order Confirmation and process of your payment the Product is no longer available we shall refund any payment taken from you using the credit or debit card you used to pay for the Product.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements. Every time you order Products from our Site, the Terms in force at that time will apply to the Contract. We will provide a permanent copy of these Terms with the Order Confirmation.
7.2 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. Your cancellation rights if you change your mind
8.1 This clause 8 shall only apply if you are a consumer on our Site.
8.2 If you are a consumer, you have a legal right to change your mind and cancel a Contract under the Consumer Contracts Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.3 You do not have the right to change your mind and cancel the Contract where a Product has been made to your specifications and is clearly personalised.
8.4 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between you and the Seller is formed. If the Product has already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day you receive the Product.
8.5 To cancel a Contract if you change your mind, you must contact us in writing by sending an e-mail to [email protected] You may wish to keep a copy of your cancellation notification for your own records.
8.6 If you have received the unwanted Product once you have changed your mind, you must pay the cost of returning it to us unless we have agreed otherwise. We will process the refund due to you using the credit or debit card you used to pay for the Product and refunds will be processed without undue delay, and in any event no later than 14 days after either (i) we received the returned Product; or (ii) the day on which you provide evidence to the us that the Product has been returned.
8.7 If the Products were delivered to you: a) you must return the Products to us in accordance with the Customer Returns Policy and within 14 days or receipt, unless the Products were split into different deliveries over different days in which case you must return the Products within 14 days from the date the last Product was received, in the original packaging and including any certificates provided with the Product; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while in your possession. If the value of the Product is diminished as a result of your handling of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product, we may recover that amount from you, up to the value of the Product, by either: (i) deducting that amount from the refund due to you; or (ii) otherwise requiring you to reimburse this amount.
8.8 If you have returned the Product under this clause 8 because it is faulty or mis-described, we will refund the price of the Product in full, and any applicable delivery charges.
8.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. We are under a legal duty to supply Products that are in conformity with the Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these Terms will affect your legal rights. For detailed information regarding your legal rights please visit the Citizens Advice website. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
up to 30 days: if your Product is faulty, then you can get an immediate refund;
up to six months: if your Product can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
9. OUR CANCELLATION RIGHTS TO END THE CONTRACT
9.1 We may end the Contract for a Product at any time by writing to you if you do not, within a reasonable time:
9.1.1 provide us with information that is necessary for us to provide the Product following a request by us for the information from you; or
9.1.2 allow us to deliver the Product to you.
9.2 If we end the Contract in the situations set out at clause 10.1 above, the we will refund any money you have paid in advance for Products we have not provided.
10.1 The cost of delivery shall be as notified to you before you place your order. The Seller shall deliver the Products to you as soon as reasonably possible and in any event within 30 days after the day on which your order is confirmed. If the supply of the Products is delayed by an event outside our control then we shall contact you as soon as possible to let you know and we shall take steps to minimise the effect of the delay. Provided we do this we shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
10.2 Delivery will be completed when the Products are delivered to the address you gave us.
10.3 You have legal rights if we deliver any Products late. If we miss the estimated delivery deadline then you may treat the Contract as at an end straight away if any of the following apply:
10.3.1 we have refused to deliver the Products;
0.3.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
10.4 If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
10.5 If you do choose to treat the Contract as at an end for late delivery under clause 10.5 or 10.6, you can cancel your order for the Product or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them) unless splitting them up would significantly reduce their value. After that we shall refund any sums that you have paid for the cancelled Products and their delivery. If the Products have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We shall pay for the costs of postage or collection. Please call customer services on 07525651326 or email on [email protected] for return label or to arrange collection.
10.6 The Products will be your responsibility from the completion of delivery.
10.7 You own the Products once we have received payment in full, including all applicable delivery charges.
10.8 We may need certain information from you so that we can supply the Product to you, for example, [your full name, address, email address and contact telephone number]. If so, this will have been notified to you before you place your order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract (and clause 9.2 will apply) or make additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying Products late or not supplying any part of them if this is caused by you giving us the information we need within a reasonable time of us asking for it.
11. Price of products and delivery charges
11.1 The prices of the Product (which includes VAT where applicable) will be the Price as quoted on our Site. We take all reasonable care to ensure that the price of the Product advised to you is correct.
11.2 Prices for our Products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
11.5 Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing: we (i) in the event that your order has not yet been processed, do not have to provide the Product to you at the incorrect (lower) price; or (ii) in the event that your order has been processed, may end the contract, refund you any sums you have paid and require the return of the Product provided to you.
12. How to pay
12.1 You can only pay for Products using a debit card or credit card via Paypal.
12.2 If you think that a payment which has been debited from your debit card or credit card is wrong please contact us promptly to let us know.
13. Liability if you are a business
13.1 This clause 13 shall only apply if you are a business customer of our Site.
13.2 Nothing in these Terms shall limit or exclude our liability for: a) death or personal injury caused by our negligence; b) fraud or fraudulent misrepresentation; or c) defective products under the Consumer Rights Act 2015.
13.3 Subject to clause 13.1, we will not, and the Seller will not, be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) any loss of profits, sales, business, or revenue; b) loss or corruption of data, information or software; c) loss of business opportunity; d) loss of anticipated savings; e) loss of goodwill; or f) any indirect or consequential loss.
13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. Liability if you are a consumer
14.1 This clause 14 shall only apply if you are a consumer on our Site.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if it was contemplated by you and us at the time we entered into the Contract.
14.3 Products are supplied for domestic and private use only. You agree not to use the Product for any commercial, business or re-sale purposes. We do not have liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability to you where it would be unlawful to do so under the terms set out in the Consumer Rights Act 2015.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause
15.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.
16. Communications between us
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail at [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.
16.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17. Other important terms
17.1 We may transfer rights and obligations under a Contract to another organisation. We shall always tell you in writing if this happens and we shall ensure that the transfer does not affect your rights under these Terms or any guarantees you are entitled to in relation to the Products.
17.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.3 If you are a consumer, please note that these Terms are governed by English law and you can bring legal proceedings in respect of the Products in England. This means a Contract for the purchase of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You, we agree that the courts of England and Wales shall have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may bring legal proceedings in respect of the Products in Northern Ireland or the English Courts. If you are resident of Scotland, you may bring legal proceedings in either Scottish or English courts.
17.4 If you are a business customer, please note that these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We, you agree to the exclusive jurisdiction of the courts of England and Wales.