Term & Conditions of Sale
1. Application and entire agreement
1.1. These Terms and Conditions apply to the provision of the sale of artwork (Services) by Nichola Eddery trading as Nichola Eddery (we or us) to the Client buying the services (you).
1.2. You are deemed to have accepted these Terms and Conditions when you purchase our Services and these Terms and Conditions (the Contract) is the entire agreement between us.
1.3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.1. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
2.2. Words imparting the singular number shall include the plural and vice-versa.
3.1. The Artist Nichola Eddery has agreed to sell the Pictures to the Client (you) on the terms and conditions set out in this Agreement.
4. Payment of the Price
4.1. All payments must be made in British Pounds unless otherwise agreed in writing between us.
4.2. The Client shall pay to the Artist the full Price without any deductions whatsoever to the Artist’s Bank Account. Payment will have been deemed to have been made only once the Artist's Bank Account has been credited with the full Price without any deductions whatsoever.
4.3. Title in the Pictures do not pass from the Artist to the Client until the full Price has been received in the Artist's Bank Account.
4.4. Further, until the Price has been credited to the Artist's Bank Account and title in the Pictures have passed from the Artist to the Client, the Client is not entitled to collect the Pictures.
4.5. The Client undertakes to: (a) obtain adequate insurance for the Pictures prior paying the Price; and (b) collect the Pictures at its own expense and risk
4.6. The payment are exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.. Original artworks and prints are non-returnable.
6.1. For the avoidance of doubt, the Artist shall retain copyright in the Pictures.
7. Insurance & Aftercare of Sold Artwork
7.1. The client is responsible for insuring the purchased artwork upon leaving Nichola Eddery's studio. We are not responsible for any damage once the artwork has left the our possession.
7.2. The client or the owner of the artwork is solely responsible for the after care.
7.3. The final varnish for oil painting is done 6 months after completion and this will be dependant upon the owner of the commissioned art to organise.
8. Moral rights
8.1. The Artist asserts to the Client, the Client’s assigns and the Client’s successors in title her moral right to be identified as the author of the Pictures (including without limitation her right to be identified in the event of any public exhibition of the Pictures) in accordance with the Copyright, Designs and Patents Act 1988 Sections 77 and 78.
9. Artist's resale right
9.1. If the Client or the Subjects or either of them sells the Pictures, the Artist may be entitled to a royalty pursuant to the Artist's Resale Right Regulations 2006.
10. Force majeure
10.1. If either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control (including, but not limited to, war, national emergency, flood, earthquake, or illness), the party unable to fulfil its obligations ('the Incapacitated Party') shall immediately give notice of this to the other party and shall do everything in its power to resume full performance of its obligations as soon as possible.
11. Subject to compliance with the requirements of clause
11.1. The Incapacitated Party shall not be deemed to be in breach of its obligations under this Agreement during the period of incapacity, and the other party shall continue to perform its obligations under this Agreement save only in so far as they are dependent on the prior performance by the Incapacitated Party of obligations which it cannot perform during the period of incapacity.
11.2. If the period of incapacity exceeds 6 months, then this Agreement shall automatically terminate, unless the parties first agree otherwise in writing.
12. Whole agreement
12.1. This Agreement contains the whole agreement between the parties and supersedes any prior written or oral agreement between them in relation to its subject matter, and the parties confirm that they have not entered into this Agreement upon the basis of any representations that are not expressly incorporated into this Agreement. No oral explanation or oral information given by any party shall alter or affect the interpretation of this Agreement.
13. Reservation of rights
13.1. All rights not specifically and expressly granted to the Client by this Agreement are reserved to the Artist.
13.2. Property in the Pictures does not pass to the Client until the Price has been paid in full.
14. No modification
14.1. This Agreement may not be modified except by an instrument in writing signed by both of the parties or their duly authorised representatives.
15.1. All notices under these Terms and Conditions must be in writing.
15.2 Notices shall be deemed to have been duly given when transmitted by email, email@example.com and successfully received by us.
16. No waiver
16.1 No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop the further exercise of any other right, or remedy.
17.1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
18. Law and jurisdiction
18.1. This Contract shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.