DRAWN FROM MEMORY TERMS AND CONDITIONS

1.         These Terms and Conditions apply to all customers.

2.         Drawn From Memory does business only under these Terms and Conditions.

3.         Goods are subject to availability and may vary from those advertised.

4.         The Purchaser must decide before ordering if the goods are suitable for his/her needs.

5.         The Vendor is not obliged to accept The Purchaser’s order or offer The Purchaser credit terms.

6.         The Vendor must receive payment of the full price of the goods from the Purchaser before the order can be accepted.  Once payment has been received by The Vendor the Purchaser will receive an e-mail at the e-mail address the Purchaser provided at the time of ordering.  The Vendor’s acceptance of the Purchaser’s order establishes a legally binding contract.

7.         The Vendor reserves the right to delay or refuse orders where a transaction contains incomplete details that cannot be verified or where fraud is suspected.

Prices and Payment

8.         The Vendor’s advertised prices do not include VAT and delivery unless otherwise indicated.  The price of the goods may be changed from that advertised.  It is The Purchaser’s responsibility to confirm the price before ordering.

9.         The Vendor accepts payment by bank transfer, cheque or cash and for on-line orders only by credit card.

10.       Goods bought on credit must be paid for by 30 days from The Vendor’s invoice date.  The Vendor may share customer credit history information with relevant credit agencies.

11.       The Vendor remains the owner of the goods purchased until The Purchaser has paid for them in full.  The Vendor may retrieve and resell the goods if they are not paid for.  This applies to all goods The Vendor supplies to The Purchaser and to any money owing in respect of any transaction with The Purchaser.

12.       Under the Late Payment of Commercial Debts Regulations 2002, The Vendor may exercise its right to charge statutory interest and an administration charge on all overdue invoices.

Purchaser’s Right to Cancel Their Contract

13.       Under the Consumer Protection (Distance Selling) Regulations 2000, the Purchaser has the right to cancel a contract within seven (7) days, starting from the day after the Purchaser takes delivery of the goods (otherwise known as a cooling off period).  The Purchaser has the right to cancel their contract without any penalty within that period.  If the Purchaser wishes to cancel his or her contract  , they should write to Drawn From Memory, 133 Clenchwarton Road, West Lynn, KINGS LYNN, Norfolk, PE34 3LJ or e-mail art@drawnfrommemory.com, clearly stating his or her full details, invoice number and cancellation instructions.

14.       Once the Purchaser has cancelled their contract, he or she has a legal duty of care to take good care of the goods.  The Purchaser must return the goods to The Vendor at the customer’s expense to Drawn From Memory, 133 Clenchwarton Road, West Lynn, KINGS LYNN, Norfolk, PE34 3LJ.  It is advised to use a recorded delivery service for small items and an insured courier service for larger items.  All parcels should be clearly marked with the Purchaser’s returns number.  If it is more convenient, The Vendor can arrange collection by its couriers.  Any costs incurred will be deducted from the Purchaser’s final refund in accordance with the Distance Selling Regulations.  The Vendor will refund the Purchaser the full amount paid for the goods, less any costs to collect the goods, within thirty (30) days of receipt of the notice of cancellation.

15.       All refunds are subject to the goods being returned in the condition they were in when delivered to the Purchaser.  If the Purchaser does not return the goods or does not pay the costs of delivery, The Vendor is entitled to deduct the direct costs of recovering the goods from the amount to be repaid to the Purchaser.

Drawn From Memory’s Right to Cancel

16.       The Vendor reserves the right to cancel its contract with the Purchaser if:
The Vendor has insufficient stock to deliver the goods the Purchaser has ordered
The Vendor does not deliver to the Purchaser’s area
One or more of the goods the Purchaser ordered was listed at an incorrect price due to a typographical error
Or there was an error in the pricing The Vendor received from its supplier

17.       In the event that The Vendor cancels its contract with the Purchaser, they will notify the Purchaser by e-mail and re-credit the Purchaser’s account with any sum deducted by The Vendor from the Purchaser’s credit card as soon as possible but in any event within 30 days of the Purchaser’s order. The Vendor is not obliged to offer an additional compensation for disappointment suffered.

Delivery

18.       The Vendor charges for deliveries on all orders up to £499.99.  The Vendor despatches using a standard next day delivery service for in-stock items.  Standard delivery is to suitable ground floor areas.  It is The Purchaser’s responsibility to notify The Vendor in advance of any special delivery requirements for which The Vendor reserves the right to make an additional charge.

19.       If the goods do not arrive or are incomplete or are the wrong goods or are damaged when The Purchaser opens them, it is The Purchaser’s responsibility to notify The Vendor immediately or no later than within 24 hours of receipt or expected delivery by telephone on 01553 772860.

20.       After delivery it is The Purchaser’s responsibility to protect the goods against loss or damage.

Returns

21.       It is The Purchaser’s responsibility to check the goods on delivery.  The Vendor’s goods are sold with the benefit of the manufacturers’ warranty.  The Vendor will accept returns of faulty goods notified to The Vendor within 24 hours of delivery.

22.       If faulty goods are to be returned to The Vendor, The Purchaser must obtain an RMA (Returned Merchandise Authorisation) from The Vendor s Customer Service department.  The RMA will be valid for 5 days.  The Vendor will arrange for collection of the goods, which must be available for collection in their original packaging.  The Vendor cannot accept unauthorised returns which do not have an RMA.

23.       If The Purchaser changes his/her mind The Vendor may at its discretion take back the goods if they are unopened, unused and in perfect condition.  There will be a handling charge of 15% of the purchase price or £30, whichever is the greater, plus a collection charge of £20 for this service.  Please contact The Vendor’s Customer Service department.

24.       Please note The Vendor does not accept returns of consumable items unless they are faulty.

Guarantee and Liability

25.       If the goods that The Vendor delivers are not what the Purchaser ordered or are damaged or defective or the delivery is of an incorrect quantity, The Vendor shall have no liability to the Purchaser unless the Purchaser notifies The Vendor in writing within 10 working days of the delivery of the goods in question by writing to Drawn From Memory at 133 Clenchwarton Road, West Lynn, KINGS LYNN, Norfolk, PE34 3LJ or by e-mail to art@drawnfrommemory.com.

26.       If the Purchaser does not receive the goods they ordered within 30 days of the date on which the Purchaser placed their order, The Vendor shall have no liability to the Purchaser unless the Purchaser sends written notification of the problem within 40 days of the date of placing the order to All About Pictures Limited at 133 Clenchwarton Road, West Lynn, KINGS LYNN, Norfolk, PE34 3L or by e-mail to art@drawnfrommemory.com.

27.       If the Purchaser notifies The Vendor of a problem under either condition 26 or 27, The Vendor’s sole and exclusive obligation will be, at the Purchaser’s option
to make good any shortage or non-delivery; or
to replace or repair any goods that are damaged or defective; or
to refund to the Purchaser the amount paid by the Purchaser for the goods in question in whatever way The Vendor chooses

28.       The Purchaser must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from The Vendor’s site.  The importation or exportation of certain of The Vendor’s goods to The Purchaser may be prohibited by certain national laws.  The Vendor makes no representation and accepts no liability in respect of the export or import of the Purchaser’s ordered goods.

29.       The Vendor is liable for death or personal injury caused by The Vendor’s negligence.  To the extent allowed by law The Vendor expressly disclaims any liability for indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of or under the contract with the Purchaser and shall have no liability.

Promotions

30.       The Vendor sometimes offers promotions.  It is The Purchaser’s responsibility to notify The Vendor if he/she does not want to receive details of these promotions.

Fraud

31.       Unfortunately levels of fraudulent orders, particularly via the Internet, are on the increase.  We make every effort to check all orders as thoroughly as possible given the information available so please do not be offended if we have to contact you to make additional security checks after you have placed your order.  For reasons of security, we will normally only deliver goods to the registered billing address for the credit card.

Privacy

32.       The Vendor is committed to safeguarding customers’ privacy.  The Vendor will only use information that has been collected about The Purchaser lawfully in accordance with the Data Protection Act 1998.  The only information that The Vendor collects is necessary for the processing/verifying of The Purchaser’s order and delivery of his/her goods.  This includes name, address, telephone numbers, e-mail address and credit card details.  The Vendor may have to collect certain other details as necessary for any security checks made by the credit card companies.  The Vendor keeps this information as up to date as possible.  If The Purchaser wishes to check any information that The Vendor holds they should contact the Data Controller at Drawn From Memory, 133 Clenchwarton Road, West Lynn, KINGS LYNN, Norfolk, PE34 3LJ.  If there are any errors, the Vendor will correct them as necessary.

33.       The Vendor will not send The Purchaser any unsolicited e-mails.

34.       The Vendor will not give, sell or swap The Purchaser’s details with any third party companies.

Telephone Calls

35.       The Vendor may monitor or record telephone calls for training purposes.

Law & Jurisdiction

36.       The Vendor aims to resolve all disputes amicably.  If this is not possible, the law of England and Wales will apply and its courts will have jurisdiction.

Company Details

37.       Drawn From Memory is owned by Rosemary and John Parr and operates from 133 Clenchwarton Road, West Lynn, KINGS LYNN, Norfolk, PE34 3LJ.