1.1 Courtenay Kusitor is a Sole Trading Artist based in London, UK.
1.2 Should you wish to make contact. The contact details are at this link.
1.3 How we contact you. If we have the need to contact you, we shall do so either by telephone or in writing at the email or postal address provided to us in your order, or in previous correspondence, including via Instagram or any other social media outlet if preferable to you.
OUR CONTRACT WITH YOU
2.1 How we will accept your order. Our acceptance of your order begins when we email you to accept it, at which point a contract will come into existence between you and us. Please ensure your email address is written correctly at the point of order.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and issue a full refund.
WORKS
3.1 Works may vary slightly from their pictures. The images of the Works on our website, social media platforms or in our brochure are for illustrative purposes only. Although we have made every effort to display the colours and contours accurately, we cannot guarantee that a device's display of the colours and/or contours or a picture in our brochure accurately reflects the colour and/or contours of the Works. The Works may vary slightly from those images.
3.2 Making sure your measurements are accurate. If we are providing Works that you have commissioned, you are responsible for ensuring that any measurements provided are correct. Measurements provided by us are accurate to the best of our knowledge but there may be some small variance.
3.3 Condition of the Works. We are not responsible for any defects in design, material and workmanship in relation to the Works where:
3.3.1 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Works;
3.3.2 in relation to commissioned Works, the defect arises as a result of following your instructions/specification for such Works; [or]
3.3.3 the defect arises as a result of wilful damage, negligence, or abnormal storage/display conditions; [or]
3.3.4 [OTHER.]
4. PROVIDING THE WORKS
4.1 Delivery Costs. The costs of delivery will be as advised to you on your order details and stated in the invoice. For the avoidance of doubt, you shall be solely liable for any stamp and other similar duties and taxes to which the Works may be subject.
4.2 When we will provide the Works. We will contact you with an estimated delivery date, within 7 days after the day on which we receive your payment.
4.3 We are not responsible for delays outside our control. If our supply of the Works is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay; we will not be liable for delays caused by the event.
4.4 When you become responsible for the Works. The Works will be your responsibility from the time the Works are delivered to you, or a carrier organised by you collect the Works from us.
4.5 You own the Works once we have received payment in full.
4.6 If you do not pay us for the Works when you are supposed to (see clause 7.2) and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend supply of the Works until you have paid us the outstanding amounts, we can also charge you interest on your overdue payments (see clause 7.3).
5. YOUR RIGHTS TO END THE CONTRACT
If you place an order for printed works, you are within your rights to request a full refund within the first 30 days as long as the works have not been tampered with or damaged in any way. A refund will only be made once the works have been sent back to us at a cost to you and inspected in full / approved for a refund. Please contact us if you have any questions or if you wish to request a return and refund.
If you have commissioned an original work or have placed an order for an original work, once the Works have been delivered to you, you do not have a right to change your mind and we will not accept any return of the Commissioned Works.
6. OUR RIGHTS TO END THE CONTRACT
6.1 We may end the contract if you break it. We may end the contract for any Work(s) at any time by writing to you if:
6.1.1 you do not make any payment to us when it is due, and you still do not make payment within 10 days of us reminding you that payment is due; or
6.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Work(s).
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1 we will not refund any money you have paid in advance for Works, we have not provided, and we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
7. PRICE AND PAYMENT
7.1 Price. The price of the Works will be the price indicated to you when you placed your order and otherwise as stated in our invoice(s). You shall be liable to pay VAT at the prevailing rate (if applicable).
7.2 When you must pay and how you must pay. You must pay invoices in full in cleared funds as indicated on the website or by us. Where you have commissioned any Works, if agreed, you must pay a deposit of 50% of the price of such Works (Deposit) on, or within [5] working days, of the date of your order and the remaining 50% balance on completion of such Works. For the avoidance of doubt, you are not entitled to a refund of the Deposit [under any circumstances].
7.3 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of RBS 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 us interest together with any overdue amount.
8. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
8.1 Limitation of Liability. Our maximum liability to you for breach of the contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the price for the Works received by us.
8.2 We will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, loss of business opportunity, or indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
9. RESALE OF WORKS
9.1 Re-sale of the Works. If you wish to make any of the [original] Works available for resale you must give us prior notice in writing of the details of the proposed sale, including the price at which you wish to sell the Works (Resale Notice).
9.2 Right of First Refusal. Once you have sent us a Resale Notice:
9.2.1 we shall have a right of first refusal (but not an obligation) to purchase the Works (or some of them) offered for resale;
9.2.2 within [5] working days of receipt of the Resale Notice we shall determine the fair market value of the relevant Works [(acting reasonably)]; and
9.2.3 within [10] working days of our determination of the fair market value, we shall be entitled (but not obliged) to give you notice in writing that we wish to purchase the Works at such price; and completion of such sale shall take place as agreed between us.
9.3 In the event that we decline to purchase the Works which are subject to a Resale Notice, you shall be able to resell the Works without further reference to us.
10. OTHER IMPORTANT TERMS
10.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens.
10.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.4 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.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we 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 us taking steps against you at a later date.
10.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in the English courts.