Terms and Conditions

1. Introduction

1.1. These Terms and Conditions shall govern the use of the website Julian Brasington, julianbrasington.co.uk.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these Terms and Conditions, you must not use our website.

1.3 Our website is hosted by Squarespace (www.squarespace.com). We share information gathered from our website with Squarespace in order that we can provide a service to you. The use of this information is governed by our Privacy Policy.

1.4 These Terms and Conditions have been created in part using a template from Docular: (https://seqlegal.com/free-legal-documents/website-terms-and-conditions).

2. Definitions

2.1 In this document, “we", "us" and "our" refer to the website owner, Julian Brasington.

2.2 ‘You’ and ‘your’ refer to users of this website.

2.3 ‘Products’ and ‘Prints’ refer to artwork which we have made available for purchase on our website through our online shop.

2.4 ‘Product description’ refers to information on our website which details the characteristics of any product that we sell.

2.5 ‘Limited edition’ refers to artwork on our website that is restricted to a clearly stated and finite number of impressions, as set out in our product descriptions.

2.6 ‘Open edition’ refers to artwork on our website for which we reserve the right to make further impressions on an unlimited basis.

2.8 ‘Website’ refers to this website, julianbrasington.co.uk and any subsequent urls should they replace it.

3. Intellectual property and copyright

3.2 Should you wish to use content from this website other than for purposes set out in section section 4 below you must contact us in writing to seek our express permission to do so and be granted such permission in writing before doing so.

4. Use of our website

4.1 Subject to our Terms and Conditions, you may: use our website to download pages from our website for caching in a web browser; print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive; place orders through our online shop.

4.2 Our website may only be used for lawful purposes and in a lawful manner. You agree to comply with applicable laws, statutes and regulations regarding the website and any transactions conducted through our website.

4.3 You must ensure that all the information that you supply to us through our website or in relation to our website, is true, accurate, current, complete and non-misleading and you agree not to impersonate any other person, nor to use a false name nor a name that you are not authorised to use.

4.4 Except as expressly permitted by Section 4.1 or the other provisions of these Terms and Conditions, you must not download any material from our website or save any such material to your computer.

4.5 You may only use our website for your own personal purposes; you must not use our website for any other purposes.

4.6 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.7 Unless you own or control the relevant rights to material on our website, you must not: republish material from our website (including republication on another website); sell, rent or sub-license material from our website; exploit material from our website for a commercial purpose; or redistribute material from our website.

4.8 Notwithstanding Section 4.7, you may redistribute our newsletter in print and electronic form to any person.

4.9 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website. You confirm that we shall not be liable to you or to any third party for any modification to or withdrawl of our website.

4.10 We further reserve the right to change the Terms and Conditions from time to time. Your continued use of the website (or part thereof) following any such change shall be deemed to be an acceptance of such change. It is your responsibility to check regularly to see whether our Terms and Conditions have changed and to cease use of our website if you do not agree to such changes.

5. Privacy and cookies

5.1 We are committed to ensuring the privacy of website visitors and individual customers and we treat all your personal details as confidential. Full details of how we ensure your privacy are set out in our Privacy Policy.

5.2. We use cookies to gather information on the use of our online store and on traffic across our website. A cookie is a file sent from a web server to a web browser. Insofar as cookies are not strictly necessary for the provision of our website, we will ask you to consent to our use of cookies when you first visit our website. You can find details on our use of cookies in our Privacy Policy.

6. Description of products

6.1 The products sold on our website are subject to the description given on the page on our website from which they can be ordered. We take all reasonable care to ensure that our product descriptions are accurate and correct when they are placed on the website.

6.2 Where there is some variation in paper size related to our products, the paper size given is a close approximation. Measurements are taken with a steel rule and you allow that there may be a minor error in these measurements.

6.3 The prints that we offer for purchase on our website are handmade. We apply ink from a roller to a lino block into which we have carved an image and then hand-press the image to paper. Slight variations between individual impressions made from the same block naturally result from this process and as such no prints are ever exactly alike.

6.4 We endeavour to ensure that the photos used in our product descriptions are reasonable representations of our products. However, given 6.3 above, and also in acknowledging that screen resolution impacts the accuracy of images viewed on a computer, you allow, when purchasing a print from us, for small variations to exist between the physical product we dispatch to you in fulfilment of an order and any photos used in our product descriptions relating to that same product.

7. Orders, cancellations, and product returns

7.1 The technical steps by which a contract of sale is created between you and us is as follows:

you place an order for a product on our website by clicking on the ‘Add To Cart’ button on a product page.
from the cart you can proceed to checkout and will be guided through the steps required to place your order. The process requires that you share with us your name, email address, postal address and phone number, and that you provide payment details to one of our payment service providers (PayPal or Stripe).
once you have placed your order, we will send you an order acknowledgement email providing details of the product that you have ordered from us and the shipping option that you have chosen.
your order will be dispatched by our carrier to the shipping address given by you during the checkout process (see our Shipping Policy for further details). When we hand your order to our carrier, we will send you a dispatch email. Our carrier will provide you with tracking details.

7.2 Order acceptance and the completion of the contact of sale between you and us will take place upon dispatch of the product you ordered, unless we inform you that we do not accept your order or that we have cancelled it.

7.3 Non-acceptance by us of an order that you have placed may result from one of the following:

the product being unavailable from stock;
our inability to obtain authorisation for your payment;
the identification of a pricing or product description error;
you not meeting the Terms of Conditions as laid out herein.

7.4 Should we have taken payment from you in advance of non-acceptance by us of your order and dispatch of your order, we will refund payment for the order in full.

7.5 You have the right under law to cancel your contract with us, as set out in our Cancellation Policy. The cancellation period expires 14 days after you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the product that you purchased from us. Should you cancel your purchase, you will need to bear the cost of returning the goods to us.

7.6 International orders may incur import duty (unless such duty is waived by the customs authority in the country to which your order is dispatched). Import duty is a local charge levied by the country of entry and, where due, payment falls upon the buyer. Import tax is not included in the sale price.

7.7 All correspondance throughout the order process, cancellation process, and refund process will be conducted in English.

8. Limitation of liability

8.1 While we use reasonable enadeavour to ensure the accuracy of the information we place on our website, we make no warranties, whether express or implied in relation to its accuracy. Our website is provided on an “as is” and “as available” basis and we make no warranties of any kind, whether express or implied in relation to our website, or any transaction that may be conducted on or through our website including, but not limited to, non-infringment, compatability, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

8.2 We make no warranty that our website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

8.3 We reserve the right to discontinue or alter any or all of our website services, to stop publishing our website, and to change the price of our products at any time in our sole discretion without notice or explanation; save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or products, or if we stop publishing the website.

8.4 To the maximum extent permissable under applicable UK law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products on our website. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

8.5 We will not be liable, in contract, in tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings), or any loss of goodwill or reputation, or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

9. Variation

9.1 We may revise these Terms and Conditions from time to time.

9.2 The revised Terms and Conditions shall apply to the use of our website from the date of publication of the revised Terms and Conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

10. Assignment

10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.

10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.

11. Severance

11.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

11.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12 Third party rights

12.1 A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

12.2 The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any third party.

13 Entire agreement

13.1 These Terms and Conditions, together with our Privacy Policy, our Cancellation Policy, and our Shipping Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

14 Law and jurisdiction

14.1 These Terms and Conditions shall be governed by and construed in accordance with English and Welsh law.

14.2. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of England and Wales.

15. Our details

15.1. This website is owned and operated by Julian Brasington.

15.2. You can contact us through our website contact form.