COPYRIGHT
This site and all the information it contains, including, but not limited to, products, articles, designs, photographs, artwork and other intellectual property (“protected information”) are the property of Sharon Yamamoto, its contributors, and licensors, and is protected from unauthorized use, copying, distribution and dissemination by U.K. and International Copyright law, Trademark Law, International Conventions, and other Intellectual Property Laws. You may not use our protected information without our express written consent. All rights reserved.
TERMS
By using the website and placing an order the Buyer (referred to as “you” in these Buyer Terms and Conditions) is in agreement with our terms and conditions and therefore have entered a legally binding agreement with Sharon Yamamoto (referred to as “the Artist”).
“Intellectual Property Rights” are the property of the Artist, which means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
“Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact the Artist and confirm those excluded postcodes prior to ordering.
“Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected delivery/supply date.
“Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by the Artist, which is insured to the value agreed with the Buyer for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.
The Artist owns this Website, www.sharonyamamoto.com. E-mail address sharon@sharonyamamoto.com. “Website” means the website and all content at www.sharonyamamoto.com.
2. CONDITIONS
Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
Any queries must be in writing to info@sharonyamamoto.com
Responsibility for Sales and Artwork:
Details of the Artwork for sale are displayed on the Website. If you need any other information or you have any queries you can contact the Artist directly at sharon@sharonyamamoto.com.You can place an order by contacting the Artist and/or following the Website payment options. Once your order has been accepted you will be provided with an Order Confirmation email.
Details of the Artwork which we will be supplied to you are contained within the Order Confirmation. Only the Artwork as detailed in the Order Confirmation is included. The Artist will provide you with your invoice.
Made to Order
Limited edition reproduction Artwork includes a certificate of authenticity and are numbered and signed on the reverse by the Artist.
3. PRICE AND PAYMENT
The price of the Artwork is as displayed in GBP on the Website at the time of purchase. The price that you will pay will be confirmed in the Order Confirmation and the Artist will supply you with your invoice. Additional Artwork or services will be subject to additional charges. Unless otherwise specified in writing, you must pay in advance before Artwork is despatched.
The Price includes standard delivery within Mainland UK. The Artist will provide carrier details in your despatch email.
An additional charge will be made for anything other than standard delivery and for International Deliveries (see below), according to the address, size and weight of the Artwork. This will usually be displayed under “shipping” on the checkout page or, where it is not displayed you can contact the Artist directly through “CONTACT” on the Website or email sharon@sharonyamamoto.com.
Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order.
The Artist may be able to agree to reserve Artwork for you. The Artist requires a non-refundable 10% deposit to reserve the Artwork. The balance (90%) is due within 30 days of the deposit being paid. The Artist may be able to agree to reserve Artwork for you after being paid a 10% deposit followed by 11 consecutive monthly instalments. If you do not pay the balance payment(s) when due then the Artwork will no longer be reserved for you, and it may be offered for sale to someone else and your deposit will not be refunded.
Once you have placed an order you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment.
4. SHIPPING & HANDLING
Shipping is arranged by the Artist to the address, as provided by you on the Order Confirmation.
Delivery times are estimates and not guaranteed. Free UK shipping can be to an address in Mainland UK. Please contact us and confirm whether the address you wish to use for delivery qualifies for this before placing your order. There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK.
Multiple pieces of Artwork may be despatched individually.
The Artist may offer a range of delivery options (different shipping methods and services) so please ensure that you, the Buyer, understand the options that will safely deliver the Artwork. Most Artworks will be sent rolled up and packaged in a strong postal tube. Paintings on canvas will be sent without the stretchers to reduce the weight and to avoid damage to the Artwork. It is recommended that the Buyer gets the painting re-stretched by a professional framer. Smaller paintings (under 320 square inches / 2091 square cm) and paintings on wood or canvas board will be sent in a strong box. Drawings will be sent lined with acid free tissue paper and rolled up in a postal tube. Despite fixative being applied to charcoal and pastel Artworks, smudging may occur. It is recommended that charcoal and pastel Artworks are professionally framed behind glass using a deep mount. If you have any queries about framing or shipping please contact the Artist directly sharon@sharonyamamoto.com.
If you have any particular shipping requirements then you must please contact the Artist sharon@sharonyamamoto.com.
Other than for Made to Order Artwork, unless the applicable listing or Order Confirmation says otherwise, the Artist aims to dispatch Artwork to you within 14 days of the date of accepting your order. If there is going to be a delay the Artist will let you know by email.
Despatch and delivery times are only estimates and the Artist is not responsible for late delivery of Artwork.
Made to Order Artwork:
The Artist aims to provide you with estimated delivery dates within 7 days of the date of your order and aims to deliver within 30 days of the date of your order.If the Artist is unable to deliver within 30 days of the date of your order then the Artist will provide you with a revised delivery date or cancel your order and refund payment made by you.
You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.
Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received – see below.
When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please contact the Artist sharon@sharonyamamoto.com.
5. INTERNATIONAL SALES
This applies if you are buying the Artwork or having it shipped outside Mainland UK – we refer to this as international sales.
The price is displayed in British pounds (GBP) and so you will be paying using GBP.
Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.
Delivery of Artwork to an international address (one which is located in a different country to the one in which the Artist is based in) is at your own expense and risk and so we always advise that you check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.
You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
In addition to the actual purchase price of the Artwork, you will be solely and fully responsible for any and all tax/duty costs, fees, liabilities, handling charges which may arise or apply to your order and delivery.
This means that the Artists will not be responsible for any costs, except shipping and insurance, incurred as a result of any delivery of Artwork to you.
With all international sales we also recommend that you:
check the unit of weights and measurements used (for example imperial inches or metric centimetres)
remember to allow extra time for delivery of your Artwork
if you have any queries about the Artwork or shipping and delivery please contact the Artist sharon@sharonyamamoto.com.
6. CONSUMER CANCELLATION RIGHTS
This clause only applies to you if you are a Consumer and want to exercise your Consumer cancellation rights.
Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the Artist (see clause (3) and (4) following), to obtain a refund. The Artists is committed to ensuring that they abide by your rights.
Please note that these cancellation rights do not apply to any Made to Order Artwork.
If you are unsure as to whether you are purchasing as a Consumer please check this before placing your order. You can contact the Artist sharon@sharonyamamoto.com.
If you would like to return your order, please confirm this in writing by contacting the Artist within 14 days following the date you received your order (or from the date you received the last item which completed your order).
Once you have cancelled in writing, items must be returned to the Artist immediately.
Artwork must be returned unused and in perfect condition with the original packaging, within 14 days of the date you advise us of your cancellation, at your expense to the Artist using the postal address as provided on the invoice unless the Artist has specifically provided you with an alternative for the return. We always advise that you return Artwork using a service which provides you with proof of sending.
Unless your item is faulty you will be responsible for the costs in returning the item to the Artist.
We ask that you please repackage the Artwork in its original packaging securely, to guard against damages, and remove all shipping labels and address the package to the Artist with the address details on the Artist’s invoice.
The law enables the Artist to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
Unless you have lost the right to cancel, when you cancel an order for Artwork, the Artist will refund the amount you paid for the Artwork and the standard delivery costs. Where you cancel an order for Artwork then we will refund you within 14 days of the date we receive the Artwork.
Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
7. RETURN POLICY
If there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then you must contact the Artist within 14 days after the day you received the Artwork.
Consumers may have a right to reject some faulty Artwork but this right is limited to 30 days from the date you purchased the Artwork.
You should send photos of the damaged Artwork and packaging and retain the artwork until you are advised by the Artist (or their representative).
When returning any Artwork the Artist asks that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email, and attach it to the parcel.
Within 14 days of receipt of the faulty Artwork the Artist will either
(a) repair the Artwork OR
(b) provide a replacement OR
(c) provide a refund, to include any delivery charges you paid when you placed your order
Refunds are made within 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account
8. LIMITATION OF LIABILITY AND INDEMNITY
Nothing in these Terms and Conditions shall exclude or limit the Artist’s liability for death or personal injury resulting from our negligence or that of our employees or agents.
The Artist will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.
You will indemnify the Artist against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.