1. General
1.1 These terms of sale apply to all goods supplied by Elizabeth Drayton, whose address is Studio 310, 266 Banbury Road, Summertown, Oxford, OX2 7DL United Kingdom (the Supplier) .

1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.

1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received.

1.4 The contract is subject to your right of cancellation (see below).

1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.

1.6 The Supplier reserves the right to refuse to supply any individual or company.
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2. Description and price of the goods:
2.1 The description and price of the goods you order will be as displayed at the time you place your order and all prices will include Value Added Tax where applicable.

2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will not accept your order. If after acceptance of your order the Supplier discovers within [14 days] of such acceptance of your order that the goods are unavailable we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

2.3 Every effort is made to ensure that prices however displayed are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier 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 the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14-day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

2.4 In addition to the price, you may be required to pay a delivery charge for the goods.

3. Payment:
3.1 Payment for the goods and delivery charges can be made by any method indicated to you by Supplier at the time you place your order. Unless otherwise explicitly agreed to in writing between you and the Supplier, payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.

3.2 There will be no delivery until cleared funds are received.

4. Delivery:
4.1 The goods you order will be delivered to the address you give when you place your order.

4.2 Orders will be processed at the Supplier’s earliest opportunity following receipt and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available.

4.3 If delivery cannot be made to your address for reasons under the Suppliers control the Supplier will inform you as soon as possible.

4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:

4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or

4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.

4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.

4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.

5 Risk/Title:
5.1 The goods are at your risk from the time of delivery.

5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:

5.2.1 the goods, and

5.2.2 all other sums which are or which become due to the Supplier from you on any account.

5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.

6. Title for Business Customers:
6.1 If you are a business customer until ownership of the goods has passed to you, you must:

6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Suppliers property;

6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Suppliers behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier;

6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:

6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or

6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

6.2.3 you encumber or in any way charge any of the goods.

7. Your right of cancellation:
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).

7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or electronic mail, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.

7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the Supplier’s address notified to you at the time of your order. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods the Supplier shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and refund you any reasonable postage costs.

7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.

7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.

7.6 Notwithstanding the above, except in the case of faulty or misdescribed goods, if you commission Supplier to produce a piece of bespoke artwork then Supplier may charge you a deposit payable at the point at which the commission is commenced and Supplier shall be under no obligation to refund such deposit in the event of cancellation, either during production or following delivery of the commission. Furthermore Supplier also withholds its right to recover from you any additional costs incurred by Supplier directly related to the production of the commission up until the point of cancellation. However, in no event shall the combined total of any such additional costs and any deposit already paid exceed the total price agreed between you and Supplier for the production of the commission.

8. Warranty:
8.1 All goods supplied by the Supplier are warranted free from defects for 90 days from the date of supply. This warranty does not affect your statutory rights as a consumer.

8.2 This warranty does not apply to 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 the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.

8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing at the address notified to you at the time of your order within 14 days.

8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing at the address notified to you at the time of your order , as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.

9. Limitation of Liability:
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:

9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;

9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;

9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.

9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Suppliers negligence or fraudulent misrepresentation.

9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

10. Data Protection:
10.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

11. Images:
11.1 Product images are for representative purposes only and may differ from the actual product.

12. Copyright
12.1 Except as otherwise agreed to in writing between you and the Supplier, the images and designs used on the Supplier’s publicity materials, whether in printed copy or as part of Supplier’s web site, and including all limited and unlimited edition prints of such images sold by Supplier to its customers are the property of Supplier. You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to these images and designs are vested in Supplier. You must not use (except for limited and unlimited edition prints), reproduce, modify or distribute Supplier’s images or any part of those images in any manner, whatsoever. You may not mount, frame or otherwise package any of the images in any way which might indicate to a purchaser that you are the owner of any copyright in the images or alter or market the Goods in any manner which might infringe the copyright or any other intellectual property rights of the Supplier. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An interim injunction is a court order which would prevent any further use or distribution of the image concerned, until a final court hearing where the court will make a decision based on all the facts.

13. Law
13.1 These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.