Terms of Sale
PLEASE READ THESE TERMS CAREFULLY BEFORE CONFIRMING YOUR ORDER AND PRINT OR SAVE A COPY OF THEM, TOGETHER WITH YOUR ORDER, FOR FUTURE REFERENCE
1. FORMATION OF THE CONTRACT
1.1 These terms of sale set out the terms and conditions (“Terms”) on which Rankin SWAG supplies goods ordered directly from rankinswag.com.
1.2 These Terms should be read carefully by you before you place an order for goods from Rankin SWAG. If you do not agree to these Terms, you should not place an order.
1.3 These Terms, and any contract between us for the sale of goods to you, are only in the English language.
1.4 Rankin SWAG shall not be under any obligation to accept your order and the contract between you and Rankin SWAG for the sale of goods will only be formed once Rankin SWAG has received payment for invoices issued.
1.5 If you are a consumer, you must be at least 18 years old to order goods from Rankin SWAG. By accepting these Terms you are confirming that you are no less than 18 years old. If you are purchasing goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Rankin SWAG for the purchase of goods.
1.6 Any contract between you and Rankin SWAG is subject to your right of cancellation if you are a consumer (see 5.1 below).
1.7 Rankin SWAG may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from Rankin SWAG to ensure you understand the terms which will apply at that time.
2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
2.1 All goods are subject to availability. If on receipt of your purchase order the goods you have ordered are not in stock, Rankin SWAG will inform you as soon as possible.
2.2 Subject to 2.3 below, the price of the goods will be the price listed on Rankin SWAG at date of purchase. All prices are listed in UK pounds sterling and are exclusive of delivery charges, which will be added to the price of the goods on confirmation of the delivery address during checkout and prior to you making payment.
2.3 Every effort will be made to ensure that prices shown on Rankin SWAG are accurate at the time you place your order. If an error is found prior to dispatch of the goods, Rankin SWAG will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order.
2.4 Where the goods are supplied for export from the UK, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.
3.1 Payment must be made for goods via rankinswag.com's Shopify payment window.
3.2 All deliveries are subject to prior authorisation of your payment.
4. DELIVERY AND RISK
4.1 The goods you order will be delivered to the delivery address you give when you place your order.
4.2 If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery with the delivery carrier (for example directly with Royal Mail or Fedex) for an alternative date or to collect the goods from a specified place.
4.3 A signature will be required on delivery of all Rankin SWAG editions and authenticity documents. Receipt of a signature at the delivery address for any edition and/or publications ordered by you shall be proof that the order has been delivered to you.
4.4 If delivery is not possible within the deliver timeframe as outlined on rankinswag.com (see FAQ for further details), Rankin SWAG shall inform you as soon as possible of the revised estimated delivery date.
4.5 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
5. YOUR RIGHT OF CANCELLATION AS A CONSUMER
5.1 If you are a consumer, you have the right to cancel the contract with Rankin SWAG at any time up to the end of fourteen working days after you place your order and in accordance with this clause 5. A working day is any day other than a Saturday, Sunday or public holiday in the UK.
5.2 To exercise your right of cancellation, you must give written notice to Rankin SWAG by email (email@example.com) or via our "Contact Us" form, giving details of the goods ordered and (where appropriate) their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to Rankin SWAG at your own cost, in an unused and otherwise re-saleable condition. The goods must be returned to the address shown in print at point 11 RANKIN SWAG CONTACT DETAILS (below) by courier if you are returning editions or other artwork, or by registered post if you are returning publications. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit.
5.4 Once you have notified Rankin SWAG that you are cancelling the contract, Rankin SWAG will refund you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods. Refunds are subject to receipt of goods and inspection of condition. Any goods received back damaged or otherwise altered will not be refunded.
5.5 If you do not return the goods as required after exercising your right of cancellation, Rankin SWAG will, at their discretion, either not issue a refund or will charge you for the direct costs of recovering the goods.
5.6 You do not have the right to cancel the contract, unless agreed in written approval with Rankin SWAG, if the order is for goods that are
custom-made, framed outside of Rankin standard framing specifications, signed or clearly personalised.
6. NO RIGHT OF RESALE
6.1 If you are a consumer, we only supply the goods for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes unless agreed with Rankin SWAG in writing.
6.2 If you are a business, we only supply goods for internal use by your business. You agree not to use the goods for any re-sale purposes, unless agreed with Rankin SWAG in writing.
6.3 Exclusions to clause 6 may apply if a signed and dated Exhibition Agreement or Consignment Agreement is in effect between Rankin SWAG and business partners. This exclusion is only in effect for the duration of the period stated in the agreements.
7. PUBLIC DISPLAY OF EDITIONS OR ARTWORK
You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of Rankin SWAG on behalf of the artist of such edition.
8. INTELLECTUAL PROPERTY
In purchasing any goods from Rankin SWAG, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition, publication or other artwork purchased by you, Rankin has asserted his right to be identified as the author of such edition.
9.1 Nothing in this clause 9 or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
9.2 Subject to 9.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:
9.2.1 all conditions, warranties and other terms which might be implied into these Terms by law or otherwise;
9.2.2 any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.
9.3 Subject to 9.1 above, Rankin SWAG shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact Rankin SWAG in accordance with the contact details in point 11. RANKIN PHOTOGRAPHY’S CONTACT DETAILS below.
9.4 Rankin Photography shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Rankin SWAG’s reasonable control.
9.5 If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. MARKETING COMMUNICATIONS
Rankin SWAG would like to notify you of the availability of new editions, publications and similar artwork that may be of interest to you from time to time. We would also like to send you the Rankin SWAG Newsletter. You will be able to unsubscribe from such notifications or the Newsletter at any time.
11. RANKIN PHOTOGRAPHY’S CONTACT DETAILS
If you have any queries about your purchase of goods, these Terms or any other aspect of our policy you can phone us on + 44(0) 20 7284 7320, email us at firstname.lastname@example.org, or write to us at EDITIONS Rankin, 110 - 114 Grafton Road, London, NW5 4BA. We will endeavour to respond as quickly as possible.