1. The Contract
In any contract, for the purchase or for the commission, of a piece from a maker, Commissionacraftsman.com acts solely as agent. Your contract for the purchase or commission of the piece is with the relevant maker.
The terms and conditions, which will apply to any purchase or commission from a maker, through Commissionacraftsman.com, will depend upon a numbers of factors, including the maker involved and the type of piece. In some cases, especially where a substantial commission is involved, the maker or Commissionacraftsman.com may require you to sign a short form of written contract setting out the terms and conditions agreed.
In the absence of any agreement to the contrary, the provisions set out below will apply.
2. Images Etc
Images on the Site are for visual reference. They are photographic reproductions and only certain viewpoints of a piece will be featured. An edition of a piece may vary from the piece illustrated. All measurements, whether of size or weight, are approximate and for guidance only.
Studio and workshop visits for viewing pieces can be arranged through Commissionacraftsman.com. If you are proposing to purchase a substantial, complex or intricate piece, you are advised to arrange a viewing before you purchase. Similarly, if you are proposing to commission such a piece, you are advised to view samples of the makerÕs work beforehand.
The intellectual property rights (including copyright and all registered and unregistered design rights) in all pieces, whether purchased or commissioned, shall belong to the maker. Commission a craftsman will be entitled to copy or reproduce in any manner it wishes any piece, whether purchased or commissioned, for the purposes of publicity or promotion of itself and/or the maker.
Material on the Site may not be copied, reproduced, re-published, downloaded, posted, broadcast or transmitted in any way, except for non-commercial use.
Prices of pieces shown on the Site are indicative only. The price of any piece purchased shall be that agreed at the time the order is placed. The price for a commission shall be agreed with the maker before the commission begins.
The price payable for any purchase shall be subject to any applicable VAT and shall be paid before the order is processed.
The price payable for any commission shall be subject to any applicable VAT and will normally be payable in two equal installments, the first before the commission begins and the second on completion of it.
A maker will be entitled to charge interest at a reasonable rate on overdue payments.
Payment shall be made in pounds sterling and may be made by personal cheque, bankerÕs order, money order, or bank or BACS transfer. In the case of a bank or BACS transfer, you must pay all charges in connection with the transfer.
All payments due to the maker shall be paid to Commission a craftsman.com which will be entitled to deduct its commission + VAT when accounting to the maker for the payment.
No piece, whether purchased or commissioned, will be delivered until cleared funds, for the full price payable, have been received by Commission a craftsman.com.
The delivery date for any piece purchased or commissioned shall be that agreed at the time of order. The maker will arrange the packaging and delivery of the piece, whether purchased or commissioned. You will be responsible for all packaging and delivery charges. These will be notified to you as soon as practicable. In the case of purchase this will normally be before the order is processed. You will also be responsible for any customs or import duties.
7. Title & Risk
Title to a piece will pass upon cleared funds, for the full price payable, being received by Commissionacraftsman.com. Risk in a piece will pass on delivery.
8. Damaged Pieces
Any damage to or defect in a piece must be reported to the maker and to Commissionacraftsman.com within 7 days of delivery. How your complaint is dealt with will depend on the piece involved and the nature of your complaint. Commissionacraftsman.com will endeavor to resolve the problem as quickly as possible.
9. Cancellation of a Commission
If you cancel a commission for a piece before it is completed, you will be required to pay such sum (taking into account any payment you have already made) as will reward the maker for the work completed to the date of cancellation and all expenses incurred by the maker in connection with the commissioned piece. The unfinished piece will belong to the maker.
10. Cancellation of a Purchase -
The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations")
1) If you are a consumer within the meaning of the Regulations, and you are buying a piece under a distance contract as defined by the Regulations (broadly, a contract made exclusively by one or more of e-mail, telephone, fax or letter), you will have a right to cancel the contract by giving a notice of cancellation in accordance with the following sub clauses.
2) The right to cancel must be exercised within 7 working days after the day on which you receive the piece and it must be exercised by notice in writing given to Commission a craftsman as agent for the maker of the piece. Such a notice may be given by e-mail, by fax, by post or by leaving it at Commission a craftsmanÕs business address.
3) Within 7 working days of giving a notice of cancellation, you are required, at your cost (which shall include reasonable insurance cover), to return the piece (unused and in the condition in which you received it) to Commission a craftsman at its business address or, if so directed by Commission a craftsman, to the maker at an address specified for this purpose by Commission a craftsman. If you fail to so return the piece or you fail to do so at your cost, Commission a craftsman will be entitled to recover from you all costs incurred in the recovery or return of the piece.
4) If you exercise a right to cancel a contract under sub clause 1), Commission a craftsman will reimburse to you within 28 days of your exercising such right the sums paid by you under the contract for the purchase of the piece (including the delivery charges) less any sums owed to Commission a craftsman pursuant to sub clause 3.
Under no circumstances shall the total liability of the maker or Commissionacraftsman.com in connection with a piece purchased or commissioned exceed in aggregate the price paid for the purchase or commission.
Any dispute arising in connection with the purchase or commissioning of a piece between the maker and you which cannot be resolved through Commission a craftsman.com shall be referred by Commission a craftsman.com to an independent arbitrator whose decision shall be final and binding.
13. Governing Law
English law shall govern the contract for the purchase or the commissioning of a piece.