TERMS & CONDITIONS
Please note: for terms & conditions related to drawing commissions, please click here
1. THESE TERMS
1.1: What these terms cover. These are the terms and conditions on which I supply artistic architectural drawings.
1.2: Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who I am, how I will provide a drawing to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact me to discuss.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1: Who I am. I am KATHERINE JONES, artist, www.katherinemgjones.com.
2.2: How to contact me. You can contact me by writing to me at [email protected].
2.3: How I may contact you. If I have to contact you about your order I will do so by telephone or by writing to you at any email address or postal address you provided to me in your order.
2.4: “Writing” includes emails. When I use the words “writing” or “written” in these terms, this includes emails.
3. MY CONTRACT WITH YOU
3.1: How I will accept your order. My acceptance of your order will take place when it is accepted via my website, via email or social media, at which point a contract will come into existence between us.
3.2: If I cannot fulfil your order. If I am unable to fulfil your order, I will inform you of this and will not charge you or will refund any payment made. This might be because the drawing you have ordered is out of stock, because of unexpected limits on my time or other resources which I could not reasonably plan for, because I have identified an error in the price or description of the drawing, or because I am unable to meet a deadline you have specified.
3.3: I only sell to the UK. I do not accept orders from or deliver to addresses outside the UK, and my website is solely for the promotion of my drawings in the UK, unless otherwise agreed with you.
4. MY DRAWINGS
Drawings may vary slightly from the images on my website. The images of drawings on my website are for the guidance purpose only. Although I have made every effort to ensure the drawings are accurately represented, there may be minor variations. Your drawing may vary slightly from those images.
5. YOUR RIGHT TO MAKE CHANGES TO YOUR ORDER
If you wish to make a change to your order please contact me. I will let you know if the change is possible. If it is possible, I will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If I cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (see Clause 7, Your right to cancel your order).
6. DELIVERY OF THE DRAWING
6.1: When I will deliver the drawing. After you have paid for the drawing (see Clause 10, Price and payment), I will post it by Royal Mail within a few days of the order.
6.2: I am not responsible for delays outside my control. If delivery of the drawing is delayed by an event outside my control, then I will contact you as soon as possible to let you know, and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact me to end the contract and receive a refund for a drawing you have paid for but not received.
6.3: When you become responsible for the drawing. A drawing will be your responsibility from the time it is delivered to the address you gave me.
6.4: When you own the drawing. You own the drawing once I have received payment in full. However, see Clause 11 regarding copyright and moral rights.
7. YOUR RIGHT TO CANCEL YOUR ORDER
7.1: You can always cancel your order. Your rights when you cancel your order will depend on what you have ordered and whether there is anything wrong with it, and when you decide to cancel the order:
(a) If the drawing is faulty or misdescribed you may have a legal right to cancel your order (or to get the drawing repaired or replaced or get some or all of your money back), see Clause 9;
(b) If you want to cancel your order because of something I have done or have told you I am going to do, see Clause 7.2; and
(c) If you have just changed your mind about the drawing, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
7.2: Cancelling your order because of something I have done or am going to do. If you are cancelling your order for a reason set out at (a) to (d) below, I will refund you in full for any drawing which has not been supplied. The reasons are:
(a) I have told you about an error in the price or description of the drawing you have ordered and you do not wish to proceed;
(b) There is a risk that supply of the drawing may be significantly delayed because of events outside my control;
(c) I have suspended supply of the drawing for technical reasons, or notify you I am going to do so, for a period of more than 3 months; or
(d) You have a legal right to cancel your order because of something I have done wrong.
7.3: Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are ordering as a consumer (rather than a business), for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4: How long do you have to change your mind? If you are ordering as a consumer (rather than a business), you have 14 days after your order to change your mind. For example, if you submit your order on the 3rd of the month, you can change your mind up to and including the 17th of the month.
8. HOW TO CANCEL YOUR ORDER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1: Tell me you want to cancel your order. To cancel your order, please let me know by emailing me at [email protected]. Please provide your name, address, details of the order and, where available, your phone number and email address.
8.2: Returning a drawing after cancelling your order. If you cancel your order for any reason after the drawing has been dispatched to you or you have received it, you must return it to me. You must post it back to me at Katherine Jones, Unit 65800, PO Box 92, Cardiff CF11 1NB. If you are exercising your right to change your mind you must send the drawing within 14 days of telling me you wish to cancel your order.
8.3: When I will pay the costs of return. I will pay the costs of return:
(a) If the drawing is faulty or misdescribed; or
(b) If you are cancelling the order because of an error in pricing or description, a delay in delivery due to events outside my control or because you have a legal right to do so as a result of something I have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4: How I will refund you. I will refund you the price you paid for the drawing, by the method you used for payment. However, I may make deductions from the price, as described below.
8.5: Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, I may reduce your refund of the price to reflect any reduction in the value of the drawing if this has been caused by your handling them or delivery.
8.6: When your refund will be made. I will make any refunds due to you as soon as possible, usually within 14 days from the day on which I receive the drawing back from you.
9. IF THERE IS A PROBLEM WITH THE DRAWING
9.1: How to tell me about problems. If you have any questions or complaints about the drawing, please contact me. You can email me at [email protected].
9.2: Summary of your legal rights. I am under a legal duty to supply drawings that are in conformity with this contract.
10. PRICE AND PAYMENT
10.1: Where to find the price for the drawing. For individuals, the price of the drawing (which includes VAT) will be the price indicated on the website order pages when you placed your order. For commercial clients, I will quote you a wholesale price when you enquire.
10.2: When you must pay and how you must pay. I accept payment by credit card or debit card. You must pay for the drawing in full before I supply it. I will accept payment via bank transfer for commercial clients.
10.3: I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
10.4: What to do if you think an invoice is wrong. If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved I will charge you interest on correctly invoiced sums from the original due date.
11. COPYRIGHT AND MORAL RIGHTS
11.1: Copyright in the drawing. I own and will retain all copyright and rights in the nature of copyright subsisting in the drawing (in any part of the world) to which I am or may become entitled.
11.2: Moral rights in the drawing. I am the sole author of the drawing and I assert my moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the drawing.
12. LICENCE
12.1: Restrictions on your rights to use the drawing. I am happy for you to share your own photos of the drawing on social media, but you must include my social media handles if using Facebook or Instagram (@katherinejonesartist) or Twitter (@katjonesartist). You have no right to reproduce, copy, photograph, share or re-sell the drawing and digital images of it, or use it for commercial purposes, unless I have agreed a licence with you in writing.
12.2: Grant of a licence. I am usually willing to grant customers a licence to use and reproduce the drawing and digital images of it, for instance on a wedding invitation. In every case I will set out the terms of the licence with them in writing, including the specific use of the drawing. . There is typically a cost associated with the licence. Clause 12.3 will also apply to the licence.
12.3: Terms of the licence. Any licence granted is subject to the following terms:
(a) the licence will last for a set period of time and for a specific purpose, and you must not use or reproduce the drawing and digital images of it after the end of that period, or use it for a different purpose;
(b) you must not alter or amend the drawing or digital images of it;
(c) you must not re-sell the drawing or digital images of it;
(d) you must include the written credit “By Katherine Jones, www.katherinemgjones.com”, and in addition if using Facebook or Instagram you must add “@katherinejonesartist”, or if using Twitter you must add “@katjonesartist”;
(e) you must indemnify me against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) that I suffer or incur arising out of or in connection with any breach by you of the rights granted by this Clause 12 including with the enforcement of this agreement; and
(f) any other terms I specify to you in writing.
13. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1: I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
13.2: I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence (or the negligence of my agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the drawing including the right to receive a drawing which is: as described and matches information I provided to you and of satisfactory quality.
13.3: I am not liable for business losses. I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.
14. HOW I MAY USE YOUR PERSONAL INFORMATION
How I will use your personal information. I will only use your personal information for the purposes of your order and communication with you, and at all times in compliance with the UK data protection rules.
15. OTHER IMPORTANT TERMS
15.1: I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organisation. I will contact you to let you know if I plan to do this.
15.2: You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
15.3: Nobody else has any rights under this contract. This contract is between you and me. No other person shall have any rights to enforce any of its terms.
15.4: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5: Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the drawing, I can still require you to make the payment at a later date.
15.6: Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the drawings in the English and Welsh courts.
1.1: What these terms cover. These are the terms and conditions on which I supply artistic architectural drawings.
1.2: Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who I am, how I will provide a drawing to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact me to discuss.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1: Who I am. I am KATHERINE JONES, artist, www.katherinemgjones.com.
2.2: How to contact me. You can contact me by writing to me at [email protected].
2.3: How I may contact you. If I have to contact you about your order I will do so by telephone or by writing to you at any email address or postal address you provided to me in your order.
2.4: “Writing” includes emails. When I use the words “writing” or “written” in these terms, this includes emails.
3. MY CONTRACT WITH YOU
3.1: How I will accept your order. My acceptance of your order will take place when it is accepted via my website, via email or social media, at which point a contract will come into existence between us.
3.2: If I cannot fulfil your order. If I am unable to fulfil your order, I will inform you of this and will not charge you or will refund any payment made. This might be because the drawing you have ordered is out of stock, because of unexpected limits on my time or other resources which I could not reasonably plan for, because I have identified an error in the price or description of the drawing, or because I am unable to meet a deadline you have specified.
3.3: I only sell to the UK. I do not accept orders from or deliver to addresses outside the UK, and my website is solely for the promotion of my drawings in the UK, unless otherwise agreed with you.
4. MY DRAWINGS
Drawings may vary slightly from the images on my website. The images of drawings on my website are for the guidance purpose only. Although I have made every effort to ensure the drawings are accurately represented, there may be minor variations. Your drawing may vary slightly from those images.
5. YOUR RIGHT TO MAKE CHANGES TO YOUR ORDER
If you wish to make a change to your order please contact me. I will let you know if the change is possible. If it is possible, I will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If I cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order (see Clause 7, Your right to cancel your order).
6. DELIVERY OF THE DRAWING
6.1: When I will deliver the drawing. After you have paid for the drawing (see Clause 10, Price and payment), I will post it by Royal Mail within a few days of the order.
6.2: I am not responsible for delays outside my control. If delivery of the drawing is delayed by an event outside my control, then I will contact you as soon as possible to let you know, and I will take steps to minimise the effect of the delay. Provided I do this I will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact me to end the contract and receive a refund for a drawing you have paid for but not received.
6.3: When you become responsible for the drawing. A drawing will be your responsibility from the time it is delivered to the address you gave me.
6.4: When you own the drawing. You own the drawing once I have received payment in full. However, see Clause 11 regarding copyright and moral rights.
7. YOUR RIGHT TO CANCEL YOUR ORDER
7.1: You can always cancel your order. Your rights when you cancel your order will depend on what you have ordered and whether there is anything wrong with it, and when you decide to cancel the order:
(a) If the drawing is faulty or misdescribed you may have a legal right to cancel your order (or to get the drawing repaired or replaced or get some or all of your money back), see Clause 9;
(b) If you want to cancel your order because of something I have done or have told you I am going to do, see Clause 7.2; and
(c) If you have just changed your mind about the drawing, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
7.2: Cancelling your order because of something I have done or am going to do. If you are cancelling your order for a reason set out at (a) to (d) below, I will refund you in full for any drawing which has not been supplied. The reasons are:
(a) I have told you about an error in the price or description of the drawing you have ordered and you do not wish to proceed;
(b) There is a risk that supply of the drawing may be significantly delayed because of events outside my control;
(c) I have suspended supply of the drawing for technical reasons, or notify you I am going to do so, for a period of more than 3 months; or
(d) You have a legal right to cancel your order because of something I have done wrong.
7.3: Exercising your right to change your mind (Consumer Contracts Regulations 2013). If you are ordering as a consumer (rather than a business), for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4: How long do you have to change your mind? If you are ordering as a consumer (rather than a business), you have 14 days after your order to change your mind. For example, if you submit your order on the 3rd of the month, you can change your mind up to and including the 17th of the month.
8. HOW TO CANCEL YOUR ORDER (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1: Tell me you want to cancel your order. To cancel your order, please let me know by emailing me at [email protected]. Please provide your name, address, details of the order and, where available, your phone number and email address.
8.2: Returning a drawing after cancelling your order. If you cancel your order for any reason after the drawing has been dispatched to you or you have received it, you must return it to me. You must post it back to me at Katherine Jones, Unit 65800, PO Box 92, Cardiff CF11 1NB. If you are exercising your right to change your mind you must send the drawing within 14 days of telling me you wish to cancel your order.
8.3: When I will pay the costs of return. I will pay the costs of return:
(a) If the drawing is faulty or misdescribed; or
(b) If you are cancelling the order because of an error in pricing or description, a delay in delivery due to events outside my control or because you have a legal right to do so as a result of something I have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4: How I will refund you. I will refund you the price you paid for the drawing, by the method you used for payment. However, I may make deductions from the price, as described below.
8.5: Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, I may reduce your refund of the price to reflect any reduction in the value of the drawing if this has been caused by your handling them or delivery.
8.6: When your refund will be made. I will make any refunds due to you as soon as possible, usually within 14 days from the day on which I receive the drawing back from you.
9. IF THERE IS A PROBLEM WITH THE DRAWING
9.1: How to tell me about problems. If you have any questions or complaints about the drawing, please contact me. You can email me at [email protected].
9.2: Summary of your legal rights. I am under a legal duty to supply drawings that are in conformity with this contract.
10. PRICE AND PAYMENT
10.1: Where to find the price for the drawing. For individuals, the price of the drawing (which includes VAT) will be the price indicated on the website order pages when you placed your order. For commercial clients, I will quote you a wholesale price when you enquire.
10.2: When you must pay and how you must pay. I accept payment by credit card or debit card. You must pay for the drawing in full before I supply it. I will accept payment via bank transfer for commercial clients.
10.3: I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
10.4: What to do if you think an invoice is wrong. If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved I will charge you interest on correctly invoiced sums from the original due date.
11. COPYRIGHT AND MORAL RIGHTS
11.1: Copyright in the drawing. I own and will retain all copyright and rights in the nature of copyright subsisting in the drawing (in any part of the world) to which I am or may become entitled.
11.2: Moral rights in the drawing. I am the sole author of the drawing and I assert my moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the drawing.
12. LICENCE
12.1: Restrictions on your rights to use the drawing. I am happy for you to share your own photos of the drawing on social media, but you must include my social media handles if using Facebook or Instagram (@katherinejonesartist) or Twitter (@katjonesartist). You have no right to reproduce, copy, photograph, share or re-sell the drawing and digital images of it, or use it for commercial purposes, unless I have agreed a licence with you in writing.
12.2: Grant of a licence. I am usually willing to grant customers a licence to use and reproduce the drawing and digital images of it, for instance on a wedding invitation. In every case I will set out the terms of the licence with them in writing, including the specific use of the drawing. . There is typically a cost associated with the licence. Clause 12.3 will also apply to the licence.
12.3: Terms of the licence. Any licence granted is subject to the following terms:
(a) the licence will last for a set period of time and for a specific purpose, and you must not use or reproduce the drawing and digital images of it after the end of that period, or use it for a different purpose;
(b) you must not alter or amend the drawing or digital images of it;
(c) you must not re-sell the drawing or digital images of it;
(d) you must include the written credit “By Katherine Jones, www.katherinemgjones.com”, and in addition if using Facebook or Instagram you must add “@katherinejonesartist”, or if using Twitter you must add “@katjonesartist”;
(e) you must indemnify me against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses) that I suffer or incur arising out of or in connection with any breach by you of the rights granted by this Clause 12 including with the enforcement of this agreement; and
(f) any other terms I specify to you in writing.
13. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1: I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
13.2: I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence (or the negligence of my agents or subcontractors); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the drawing including the right to receive a drawing which is: as described and matches information I provided to you and of satisfactory quality.
13.3: I am not liable for business losses. I have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, which arise out of this contract.
14. HOW I MAY USE YOUR PERSONAL INFORMATION
How I will use your personal information. I will only use your personal information for the purposes of your order and communication with you, and at all times in compliance with the UK data protection rules.
15. OTHER IMPORTANT TERMS
15.1: I may transfer this agreement to someone else. I may transfer my rights and obligations under these terms to another organisation. I will contact you to let you know if I plan to do this.
15.2: You need my consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
15.3: Nobody else has any rights under this contract. This contract is between you and me. No other person shall have any rights to enforce any of its terms.
15.4: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5: Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the drawing, I can still require you to make the payment at a later date.
15.6: Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the drawings in the English and Welsh courts.