Terms & Conditions of Trading
I am Astrid Bennett Claas and this is my personal website set up for selling my art products. My trading name is "English Village Artist" (EVA) and so any reference to EVA is a direct reference to me personally in these terms and conditions of trading which define the service offered through this website and the conditions applicable to orders placed for products advertised on this website.
1. Orders
1.1 All orders placed through this website are deemed to be an offer by the buyer to purchase goods under these terms and conditions only.
1.2 By accepting these conditions at the point of purchase on the website the buyer forfeits any of his or her terms and conditions of purchase and agrees to abide by the terms set out herein.
1.3 The receipt of an order through this website does not imply its acceptance until payment has been received in full and I have confirmed acceptance of the order by e-mail. Any confirmation of receipt of order whether verbal or written prior to my e-mailed acceptance of order does not constitute any implied acceptance of order.
2. Price & payment
2.1 The price you will pay for my products will be the price shown on the website on the date I receive your order.
2.2 My prices include delivery to all UK destinations except for Northern Ireland, the Scottish Highlands and any offshore islands. Additional charges for other destinations will be added to the website price at cost. I will advise any additional charges when acknowledging your order.
2.3 Currently I am not required to be VAT registered so my prices are free of VAT. If this situation changes, notification will be given in the payment section of my website.
2.4 All my prices are shown in Pounds Sterling (GBP) and only payments in GBP can be accepted. If you use a foreign currency debit/credit card you will be responsible for the cost of making the payment in GBP.
2.5 Payments through my website must be made through PayPal. Other methods of making payment in advance for orders placed direct with me can be agreed by contacting me by e-mail.
3. Delivery
3.1 Delivery will be made as soon as possible. Stock items will be sent out within 2 to 3 days and special prints within 10 to 14 days. Delivery time is not of the essence and in no circumstances shall I become liable to pay any penalty for late delivery.
3.2 If I become aware that the delivery delay that I have acknowledged when you placed your order has become extended I will advise you accordingly.
3.2 If I cannot deliver within 30 days of acknowledging your order you may cancel your order and I will refund your payment in full.
4. Receipt of goods
4.1 All deliveries you receive from me must be signed for. You must examine the packaging and only sign unconditionally if the package is undamaged.
4.2 Risk in the products passes to you when you sign for them unconditionally.
4.2 If the packaging is damaged but the goods appear in good order you must sign for the package as "Damaged"
4.3 If the package is severely damaged do not accept it and ask the courier to return it to me.
4.4 In the case of any damage you must inform me by email within 24 hours of receipt giving details of the damage to the products.
5. Cancellation
5.1 You may cancel any order placed with me provided that:
5.1.1 It has not already been despatched at the time of receipt of your cancellation.
5.1.2 It is not a special order that is unlisted on my website and work has already commenced on its preparation.
5.2 All orders must be cancelled in writing by email.
5.3 Refunds for cancelled orders will be made through the same channel as your payment was made and within 14 days from my acceptance of your cancellation.
5.4 I reserve my right to cancel any order or part order if I can no longer supply the product you require, or I am prevented by regulations to ship the product to your given address. In either event I will inform you by email and refund your payment or part payment within 14 days through the same channel as your payment was made.
5.4 I regret that I cannot accept any claim for any damages due to cancellation or any disappointment you may suffer as a result of a cancellation made by me.
6. Accuracy of Information
6.1 My website has been checked for errors and omissions, but I cannot accept any claims for any misrepresentation of products, material specifications or prices.
6.2 If I do find that the product you have ordered has been incorrectly specified or priced I will advise you of the consequences prior to acceptance of your order and allow you to cancel your order against full refund if the revised specification or price is unacceptable to you.
7. Use of my Website
7.1 My website is available to you only for viewing and purchasing my work.
7.2 I own the full Copyright to all work shown and none of the images may be used for any other purpose than viewing by you to make a purchasing decision.
7.3 Images may not be downloaded for any purpose or manipulated in any way.
7.4 If you breach any of these terms and conditions I reserve the right to suspend your registration on the website and terminate your use of it.
7.5 You agree to indemnify me from any third party claims, including all related legal fees, for any damages that may arise out of your breach of these terms and conditions or the use of my website or my products.
7.6 You shall not breach or attempt to breach the security of my website, access data on it that is not intended for public viewing, or attempt to log into any server or account connected to my website.
7.7 When using this website you must not provide false information, email addresses or postal addresses or impersonate any other person or entity.
7.8 If any changes occur in your registration details lodged on my website you must update them when you next log on to the site.
7.9 Misuse or unauthorized use of my website may result in a claim for damages and/or be treated as a criminal offense.
8. Guarantees
8.1 I will endeavour to supply products in accordance with your order of a satisfactory quality, free of defects and in an undamaged condition.
8.2 If you find any of my products unsatisfactory in any way you must advise me within 24 hours of receipt and follow my Returns Procedure detailed in my Returns Policy.
9. My Liability
9.1 Unless precluded by law I will not be liable to you or any third party for any indirect or consequential losses of any type howsoever arising out of your use of my website or my products, and I shall have no liability to pay you any money or damages other than those specifically mentioned in these terms for amounts paid for products supplied that you receive damaged or defect or return against my consent.
10. Your use of my Products
10.1 You are free to use my products for your own personal use in any way you wish, but you may not scan, copy them or reproduce them electronically or in any other way and you may not offer copies or reproductions of any type for sale.
10.2 You may not use my website or my products for any business related purpose without requesting my permission and receiving same from me in writing.
10.3 You must abide by the laws of Copyright and not use my images to create similar images of your own.
10.4 You may not allow or employ others to infringe the Copyright of my work or otherwise create or work with images of my products.
11. Specifications
11.1 I have made every effort to provide all necessary information about my products and to ensure that the colours shown on the website are as near to the colours in my original paintings as possible. However, as colours will vary from system to system and finished sizes will vary due to material and climatic conditions, I cannot be held responsible for deviations in specification or that what you see on the website might not be exactly what you get.
12. Correspondence
12.1 All correspondence to me should be made using the email contact page on my website or directed to
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
.
12.2 It a condition of using this site that all written communications are made by e-mail in both directions.
12.3 It is your responsibility to ensure that all emails sent to me are virus free and it is your responsibility to also protect your system against incoming viruses and malware.
13. Force majeure
I shall not be liable for the consequences of any events beyond my control that prevent me from fulfilling your orders e.g, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems, networks or hosting services, failure of suppliers, flood, fire, explosions, accidents or acts of terrorism.
14. Complete agreement
14.1 These terms and conditions together with my current website, my returns policy and my terms of shipping and delivery set out the entire agreement which we enter into when you offer to purchase goods from me and I confirm that offer with my order acceptance. Any other interpretation of these terms either in whole or individually are invalid.
14.2 Only variations to these terms and conditions confirmed in writing by me, Astrid Bennett Class, have validity. Verbal agreements or agreements with other persons are invalid.
14.3 If any clause of this agreement proves to be invalid or unenforceable its deletion or ineffectiveness will have no influence on all other clauses which will remain valid.
15. Governing law and jurisdiction
14.1 The contract arising out of your offer to purchase goods from me, and all related business shall be governed by and construed in accordance with English law and the English courts will be the place of jurisdiction
14.2 Any disputes arising out of these terms and condition must be filed within one year after the claim arose.
Astrid Bennett Claas
English Village Artist
23.10.2009









