Terms and conditions
IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS TOGETHER WITH OUR PRIVACY POLICY GOVERN OUR RELATIONSHIP WITH YOU IN RELATION TO YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OF GOODS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR THE TERMS OF THE PRIVACY POLICY, PLEASE DO NOT CONTINUE TO USE THIS WEBSITE.
We may change these terms and conditions and/or the Privacy Policy at any time by updating this page. You should check this page and the Privacy Policy from time to time to review these terms and conditions and the Privacy Policy to ensure you are happy with any changes. Using or accessing this website indicates your acceptance of these terms and conditions and the Privacy Policy.
You may have other rights granted by law, and these terms and conditions do not affect these except if the two are inconsistent. If this is the case then these terms and conditions will override any other rights which you may have, unless this is not permitted by law.
Our Details
Your access to this website
Information
Linking
Who Can Purchase From Us?
How Your Contract With Us Is Formed
Payment
Delivery
Damaged Or Defective Goods
Your Right To Cancel
Copyright in Photographs
Other Information Of Which You Need To Be Aware
1. OUR DETAILS
1.1 Simon de Pury is the trading name of Simon de Pury, a sole trader registered with HM Revenue and Customs. We operate from Howick Place London SW1P 1BB.
1.2 You can contact us by email at me@purepurygraphy.com or by telephone on +44 207 318 4042.
2. YOUR USE OF THIS WEBSITE AND OUR INTELLECTUAL PROPERTY RIGHTS
2.1 We have made this website available to you for your own personal non-commercial use. We may modify, withdraw or deny access to this website at any time.
2.2 This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance graphics and images on the website, as well as other content.
2.3 You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else for a commercial purpose without our consent in writing nor may you download or modify it any way.
3. INFORMATION
3.1 We have taken care to describe and depict the photographs as accurately as possible. Despite these efforts, slight variations may occur in the goods provided.
3.2 If you have any queries in relation to any information on this website or if you wish to purchase a photograph please email me@purepurygraphy.com.
4. LINKING
4.1 We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our website. We are not responsible for these websites in any way, and do not endorse them. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit.
4.2 You may not link to this website from another website without our consent in writing. Where we do give our consent you must comply with the following guidelines:
- links must be to the homepage of the website at www.purepurygraphy.com;
- you may not create a frame or any other border around the website;
- the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and
- you must not imply that we endorse or are associated with any other website, good or service.
5. WHO CAN PURCHASE FROM US?
5.1 To purchase from us you must be over 18. For further information about shipping rates and delivery times please contact me@purepurygraphy.com.
6. HOW YOUR CONTRACT WITH US IS FORMED
6.1 If you wish to purchase a photograph please email me@purepurygraphy.com confirming which print or prints you wish to purchase.
6.2 We will acknowledge receipt of your request by email. This is not an acceptance of your order. We will subsequently confirm if the photograph is available and applicable delivery charges. The contract between us is not formed until we confirm that we have accepted your order.
6.3 If after you have sent your request you decide you do not wish to proceed with the purchase, please contact me@purepurygraphy.com immediately. Please do this before we confirm your order. We are unable to rectify mistakes after this time, although you still have the right to cancel described below.
7. PAYMENT
7.1 The prices indicated on our website do not include taxes, including VAT or any equivalent sales tax, which may be payable in respect of the goods and do not include postage and packing.
7.2 The applicable delivery rates for different countries will be confirmed prior to acceptance of your order.
7.3 Following confirmation of acceptance of your order, you will be sent an invoice for the agreed amount by our fulfilment agents in Germany. Payment must be made by cheque or electronic funds transfer to the account notified with the invoice.
7.4 Payment must be made in Euros.
7.5 We will not dispatch the goods until we receive payment in full.
8. DELIVERY
8.1 We aim to deliver the goods to you within the time indicated by us in our acceptance but we cannot give an exact delivery date. We also may deliver the goods in several consignments but will not charge any extra delivery for this.
8.2 We will arrange for delivery of the goods by specialist art shippers. The applicable delivery rates will be confirmed following receipt of your order.
8.3 If we have not delivered the goods by the expected delivery date or any other date that we have agreed with you then you may cancel the contract and we will refund any money paid by you. This does not affect your right to cancel in section 10. below.
9. DAMAGED OR DEFECTIVE GOODS
9.1 We will supply goods that will remain free from defects in materials or caused by workmanship for a period of 12 months (or longer if required by law) from the date of delivery.
9.2 You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible and we will arrange for their return, to Phillips de Pury & Company, Howick Place, SW1P 1BB, London, at no cost to you. If the goods are found to be damaged prior to delivery to you, or defective, we will repair or replace the goods or, at our option, refund the price paid by you.
9.3 These terms and conditions do not exclude our liability (if any) to you for:
- personal injury or death resulting from our negligence;
- fraud;
- any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
9.4 We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example if you and we could not have contemplated those losses before or when we enter into a contract. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.
10. YOUR RIGHT TO CANCEL
10.1 If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the goods are delivered to you.
10.2 If you choose to cancel then we will arrange for collection of the goods from you. You will be responsible for the costs of returning the goods to us and you should ensure that they are adequately insured during the return journey. You must ensure that you take reasonable care of the goods whilst in your possession.
10.3 Details of your right to cancel will also be provided in the delivery note which accompanies the goods.
11. COPYRIGHT IN PHOTOGRAPHS
11.1 The purchase of a photograph under these terms and conditions does not include the copyright therein and you are not permitted to reproduce the same without the consent of the copyright owner. Any photograph which you purchase is sold as a unique print and we guarantee to you that Simon de Pury will not produce any further prints of such photograph for commercial sale. Simon de Pury shall have the right to reproduce the print in other formats for commercial use including books and the right to loan and/or donate copies of the photograph for public display from time to time on a non-commercial basis.
12. OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
12.1 We may not necessarily keep a copy of these terms and conditions and your order. We advise you to print a copy of them for your information in the future. You can download a pdf version of these terms and conditions by clicking here.
12.2 The contract and all communications between us will be conducted in the English language.
12.3 Use by us of any personal information which you submit via this site is subject to the separate Privacy Policy as referred to above.
12.4 We shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control. This does not affect any rights which you may have under law.
12.5 Subject to any applicable consumer laws, the formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions will be governed by the law of England and Wales.
12.6 The English and Welsh courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
