Terms & Conditions
This document was last updated: November 7, 2007
1 Parties to the Sale of Work
An agreement will be tailored to outline the agreed arrangements for a
specific sale and will contain information on the arrangements for the
sale of work from the artist to the buyer.
In this case the parties to the agreement will be the artist, Damian Woodford
and the buyer, who may be an individual or an organisation/company. For
the purposes of an agreement the term 'the artist' means the maker of
the work who is also the seller.
No order will exist between the buyer and the artist for the sale of any
artwork unless and until the artist accepts your order by e-mail, fax
or letter. The acceptance of the order will be considered complete and
will be communicated to the the buyer by SMS text, e-mail or letter.
All agreements will be concluded in the United Kingdom and any such contract
will be interpreted and enforced in all respects in accordance with the
laws of England.
2 Artist’s Details
Name: Damian Woodford
Studio: 3 The Courts, Felixstowe, Suffolk IP11 7TP
Email: info@damianwoodford.com
3 The Work
An agreement will be specific to a particular artwork and will clearly
identify the work including its title, date, medium, dimensions and details
of the arrangements for the outright sale of a work to a buyer.
4 Commissions
A commission ordered on the basis of designs presented on this website,
or designs agreed between the buyer and the artist, require a 50% payment
of the full agreed price before work commences. The remaining balance
(full agreed price less 50% deposit) must be paid before delivery/collection
of work. Please see section 7 'Payment Terms'
5 Presentation
All artworks are presented unframed unless specified by the artist and
signed on the reverse, either on the canvas or stretcher frame.
6 Selling Price
All quoted prices are inclusive of VAT
7 Payment Terms
Full payment is required before the work is released to the buyer, however
a 10% deposit may be paid in order to reserve a work.
7.1 Deposit
A deposit of 10% may be paid to secure the purchase of an artwork from
the website for 14 days. If the full balance is not paid on or before
delivery the deposit will be returned less bank administration charges
and any delivery costs incurred
7.2 Instalments
If the work is to be paid by instalments, the agreement will specify the
balance due on each payment date excluding any deposit that has already
been paid.
7.3 Returns
If for any reason you decide not to keep a painting, you have 14 days,
from the day you receive the painting, to contact me. You will be reimbursed
for the full value of the painting minus the shipping cost and bank administration
charges.
8 Transfer of Ownership
The artist retains ownership of the work until the buyer has paid for
the work in full.
9 Copyright
The purchase of an artwork does not imply that the buyer owns the license
to use the image for commercial purposes. Damian Woodford keeps all copyrights
of the artwork and of any reproductions by any means, including photographs,
digital images, video images, etc.
The Copyright Designs and Patents
Act 1988 rules that the artist will retain copyright automatically unless
otherwise agreed in writing. It should be noted that one of the exceptions
to copyright protection contained in the Act is that the artist's copyright
will not be breached if the buyer reproduces the work for the purpose
of advertising the work for sale.
9.1 Copyright Ownership
The artist will retain copyright and all reproduction rights in the work.
The concept, design, text, images and layout of damianwoodford.com are
copyright the artist. ALL RIGHTS RESERVED.
Permission is not granted to electronically copy or to print in hard copy
any section of this website. Any use of materials on this website (including
reproduction, modification and distribution) without the prior written
permission of the artist is strictly prohibited.
10 Moral Rights
Moral rights include the right of 'paternity'. The right of paternity
gives the artist the right to be identified as the 'author' of the artwork
detailed in this agreement whenever a work is publicly exhibited.
10.1 Right of Paternity
The artist chooses to assert his right of paternity.
11 Delivery and Collection
Delivery/collection will be agreed between the buyer and the artist for
each specific purchase.
11.1 Collection
The buyer is allowed to make a collection of the purchased artwork from
the artist’s studio in person or by sending a nominated person on the
buyer’s behalf by prior arrangement with the artist.
11.2 Delivery
Artworks can only be delivered to the consignee and must be signed for.
In the event of non-delivery, the cost of storage charges due to the buyer’s
neglect, lack of instructions or non-payment will be incurred in addition
to the cost of the artwork and delivery charges.
11.3 Insurance
The Customer is responsible for insuring artworks during delivery against
damage, loss or theft and the artist reserves the right to request evidence
of insurance coverage.
12 Restoration and Damage
The artist will have first opportunity to restore or repair the work.
13 Changing the Agreement
Once an agreement has been reached it can only be amended with the consent
of both parties in writing.
14 Governing Law
The Governing law that will apply to this agreement is English Law.
15 Non-Waiver
If either party fails for any reason to insist on strict performance of
an agreement, this will not prevent the first party from insisting on
strict performance in the future.
16 Disclaimer
The artist does not represent or warrant that the information accessible
on this web site is accurate, complete or current. Price and availability
information is subject to change without notice.
NB: These terms and conditions are subject to change without notice.