Terms and Conditions of Limited-Edition Prints and Artwork from our Website

Please read these Terms & Conditions carefully before you submit your order to Tobi Pictures & Frames Ltd.

TOBI PICTURES & FRAMING LIMITED – Company number 09718596

Our registered office is – 15 Tamworth Road, Long Eaton, Nottingham, United Kingdom, NG10 1JE

Our Contact details are 0115 973 1822 or via email at barney@tobiframes.com

Our Limited Edition Prints
Please note, products may vary slightly from their pictures due to camera and computer monitors. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Limited Edition Prints – Sizing Requirements
All sizes of our prints are clearly listed under each product. Please ensure you review the size before making a purchase.

UK Orders Only
Please note, we are only shipping our orders to UK postal addresses at this point in time.

We list availability information for our products on our site, including on each product information page. Beyond what we say on that page or otherwise on the site, we cannot be more specific about availability. Please note that dispatch estimates are estimates only. They are not guaranteed dispatch times and should not be relied upon as such.

Terms and conditions

These terms and conditions are the contract between you and Tobi Pictures & Frames Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

TOBI PICTURES & FRAMING LIMITED – Company number 09718596

Our registered office is – 15 Tamworth Road, Long Eaton, Nottingham, United Kingdom, NG10 1JE

Our Contact details are 0115 973 1822 or via email at barney@tobiframes.com

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions: Definitions

In this agreement:
“Carrier” means any person or business contracted by us to carry

Goods from us to you.

“Content” means any content in any form published on Our Website by us or any third party with our consent.

“Goods” means any of the goods we offer for sale on Our Website,

or, if the context requires, goods we sell to you.

“Our Website” means any website of ours, and includes all web pages controlled by us. "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

Interpretation
In this agreement unless the context otherwise requires:

a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you & any agreement by any party not to do or omit to do something includes an
obligation not to allow some other person to do or omit to do that same thing; except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;

in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation; a reference to an act or regulation includes new law of substantially the same
intent as that act or regulation.

in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated £50 per hour.

these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept
personal responsibility for every act or omission by you. Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time.
The terms that apply to you are those posted here on Our Website on the day you order Goods.

The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those
Goods. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

Acceptance of your order
Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.

Price and payment

The price payable for the Goods that you order is clearly set out on Our Website.

Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.

The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will
be displayed on a page of Our Website before we ask you to pay. If we owe you money (for this or any other reason), we will credit your credit or
debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.

Security of your credit card
We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank
account details in a secure environment.

Cancellation and refunds
The following rules apply to cancellation of your order:

If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.

If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them if they are faulty only. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.

We will return your money subject to the following conditions:

 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.

The option to cancel your order is not available:

 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
 if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.

You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods. In any of the above scenarios, we will return your money within 14 days. Liability for subsequent defects

Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 14 days of receipt of the

Goods, we shall assume that you have accepted them.

The procedure to return the faulty Goods is as follows:
 the Goods must be returned to us as soon as any defect is discovered but not later than 14 days from receipt by you.

We will return your money subject to the following conditions:
 we receive the Goods with labels and packaging intact.
 you comply with our returns procedure. We cannot return your money unless we know who sent them.
 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.

If any defect is found, then we shall: repair or replace the Goods or refund the full cost you have paid including the cost of returning the Goods. Please contact is on 0115 973 1822 or via email at barney@tobiframes.com

Delivery and pick up

Goods are delivered within 14 days from the day you place an order to purchase the Goods.

Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery. If we are not able to deliver your Goods within 14 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. We may deliver the Goods in instalments if they are not all available at the same time for delivery. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods
may be retained by the driver. The Delivery company may ask for ID. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

Signing "Unchecked", "Not Checked" or similar is not acceptable. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.

If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery. Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged
directly with the manufacturer, you will be subject to the manufacturers delivery policy.

Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

We are happy for you to pick up Goods from our shop provided you make an appointment in advance and payment has been received into our bank. A cheque on arrival is not acceptable. Please contact is on 0115 973 1822 or via email at barney@tobiframes.com

If you pick up Goods from our premises then:
 we will not be able to assist you in loading heavy items;
 Goods are at your risk from the moment they are picked up by you or your

Carrier from our shop / warehouse;
 you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

Goods returned
We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
The Goods must be returned to us as soon as any defect is discovered but not
later than 14 days.

You must tell us by email message via barney@tobiframes.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full
details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

If we agree that the Goods are faulty, we will: refund the cost of return carriage; repair or replace the Goods as we choose. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

Disclaimers
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
We make no representation or warranty for:
 any implied warranty or condition as to merchantability or fitness of the Goods
for a particular purpose;
 the adequacy or appropriateness of the Goods for your purpose.

We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12-month period for the Goods concerned.

We shall not be liable to you for any loss or expense which is: indirect or consequential loss; or economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.

If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input but do not guarantee to agree with your judgement.

Indemnity

  • You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
  • your failure to comply with the law of any country;
  • your breach of this agreement; any act, neglect or default by any agent, employee, licensee or customer of yours;
  • a contractual claim arising from your use of the Goods;
  • a breach of the intellectual property rights of any person.

Intellectual Property
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person. Subject to the other terms of this agreement, you may download or copy
Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Dispute resolution
The following terms apply in the event of a dispute between the parties: If you are not happy with our services or have any complaint then you must tell us by email message – email address is – barney@tobiframes.com. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

Miscellaneous matters

When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual
nor other obligation upon us in respect of those goods or that service. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting;

This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017or otherwise. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, [including any labour dispute between a party and its employees.

In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

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