We are Pierce Protocols Limited (“we, “us”, “our”), a limited liability company registered in England and Wales under company number 05613954. Our registered office is at 126-134 Baker Street, London, England, W1U 6UE and our VAT number is GB 880 0793 13.
These are the terms and conditions on which we supply editions of artworks (“Editions”) to you via the online shop on our site.
PLACING AN ORDER
3.1 You may place your order requesting Editions from the site by clicking on the confirm order button at the end of the online order process.
3.2 Once you have placed your order, we will send you an acknowledgment by email providing you with a customer order number and the cost of your order. Please note that this email does not constitute acceptance of your order by us.
3.3 Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the cancellation procedures set out below, our acceptance of your order will take place when we notify you that we have dispatched the Editions ordered by you, at which point a contract will come into existence between you and us.
3.4 We may be unable to accept your order. This might be because an order is out of stock, we are unable to obtain authorisation for your payment or we identify an Edition or pricing error. If, for whatever reason, we do not accept your order, we will notify you of this and will refund to you any amounts that you have already paid to us for the Edition.
4.1 We have a legal duty to supply Editions that are in conformity with this contract. We will take all reasonable care to ensure that all details, descriptions, depictions and prices of Editions appearing on our site are correct at the time that the relevant information is entered onto the system. Although we aim to keep the site as up to date as possible, the information on the site at a particular time may not always reflect the position exactly at the moment you place an order.
4.2 Please note that the images of the Editions on our site are for illustrative purposes only. Whilst we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Editions. Your Editions may vary from the images shown.
4.3. The intellectual property rights in each Edition is owned by the artist who created it, or any third party to whom such rights have been transferred by the artist, and you shall have no right, title or interest in or to the intellectual property rights in any Edition purchased by you from us.
PRICE AND PAYMENT
5.1 All prices indicated for Editions available on the site are inclusive of VAT (where applicable) at the current rates unless otherwise stated and are exclusive of delivery charges and any customs or import duties or local taxes that may be payable. We are not responsible for any such duties or taxes that may be payable in respect of any Editions ordered.
5.2 If the rate of VAT changes betweenthe date on which you place your order and the date on which we supply the Edition, we will adjust the rate of VAT that you pay, unless you have already paid for the Edition in full before the change in the rate of VAT takes effect.
5.3 It is possible that, despite our best efforts, some of the Editions on our site may be incorrectly priced. If the Edition’s correct price at the time of your order is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums already paid and require that you return the Edition to us.
5.4 Payment may be made by any of the methods specified on our site. You must pay for the Editions before we dispatch them to you.
DELIVERY OF EDITIONS
6.1 The costs of delivery of the Editions will be as displayed to you on our site during the order process.
6.2 If no other time for delivery is agreed by us, we will deliver the Editions to you no later than 30 days after the date on which the contract is formed. Please note that any other delivery time agreed by us shall commence on the date on which we dispatch your Editions. Delivery will only be made once full payment for the Editions has been received from you. We are not responsible for any delays or additional charges resulting from destination customs clearance processes.
6.3 If delivery is delayed by an event outside our control, we will contact you as soon as possible to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Editions you have paid for but not received.
6.4 Orders shall be delivered to the address indicated by you at the time of ordering, save that we will only deliver to those countries found on the list shown on our site at the time of ordering and we do not deliver to P.O. boxes. We cannot be liable for any loss suffered by you as a result of you supplying us with incomplete or inaccurate delivery information. We are unable to redirect orders once the Edition has been dispatched.
6.5 In the event that no one is available at your address to take delivery, a notice shall be left informing you of how to rearrange delivery or indicating from where the Edition may be collected. If you do not take delivery or collect the Edition within a reasonable time, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you a reasonable amount by way of compensation for the costs that we incur as a result.
6.6 Terms specific to the purchase of Editions by Damien Hirst: When you place an order for any of the following Editions by the artist Damien Hirst, we will arrange for fabrication of the Edition. Upon completion of fabrication, we will then arrange for delivery of the Edition to you. Delivery will not take place until you have paid all applicable local tax duties. We estimate that the earliest completion date for delivery of each of these Editions will be ten weeks from the date of the order. Timing is dependent on Covid-19 restrictions and delays. We will update you as soon as possible once the Edition is ready to ship.
H7-1 Butterfly Rainbow
H7-2 Butterfly Rainbow (Small)
H7-3 Butterfly Heart
H7-4 Butterfly Heart (Small)
OWNERSHIP AND RISK
7.1 We will retain legal ownership of the Editions until we have accepted your order and full payment has been received from you. Legal ownership of the Editions will immediately revert to us if we refund any such payment to you.
7.2 Risk in the Editions will pass to you when we deliver them to the address provided by you in your order.
CANCELLATION AND RETURNS
8.1 For most Editions purchased online, you have a legal right to cancel your order at any time prior to delivery or within 14 days of delivery having been made (starting with and including the day after you receive the Editions). This right, under the Consumer Contracts Regulations 2013, is explained in more detail in these terms.
8.2 To exercise your right to cancel, please contact us before the end of the 14 day period informing us of your wish to cancel and providing details of your name, address, contact details, customer order number, the date on which your order was placed and the Editions to be returned. You may use the cancellation form in the Schedule to these Terms of Sale, but you do not have to. Any notice given by you after the 14 day time limit will not be effective to cancel your order.
8.3 If you cancel your order after the Editions have been dispatched to you (or at a time when it is too late for us to prevent them being dispatched), you must return them to us at Pierce Protocols Ltd, 29-35 Lexington Street, London, W1F 9AH or such other address as we may specify) by recorded delivery within 14 days of notifying us that you wish to cancel the contract. You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the Editions should this be required. You are responsible for ensuring that the Editions are adequately protected during transit, bearing in mind their nature and value. Editions must be returned in a saleable condition. We ask that you return the Edition in the same packaging.
8.4 We will pay the costs of returning the Editions to us if the Editions were faulty or misdescribed or if there is a material error on our part. In all other circumstances, including where you are exercising your right cancel set out in this clause, you must pay the costs of return.
8.5 If you exercise your right to cancel, we will refund you the price you paid for the Editions, including delivery costs but subject to any applicable deductions as described in clause 8.6. The refund will be made to you by the method you used for payment.
8.6 In calculating the amount to be refunded to you:
(a) the maximum amount that we will refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(b) we may make deductions to reflect any reduction in the value of the Editions that is the result of unnecessary handling of the Editions by you. If we make the refund to you before we are able to inspect the Editions and later discover that you have handled them unnecessarily, you must pay us an appropriate amount.
8.7 We will process any refunds due to you within 14 days from the day on which we receive the Edition back from you or, if earlier, the day on which you provide us with evidence that you have sent the Edition back to us in accordance with these Terms of Sale. We will notify you by email once your refund has been processed.
8.8 Nothing in this clause affects any of your rights to reject Editions other than in accordance with your right to cancel under this clause. If you wish to exercise a right to reject the Editions, you must notify us and return the Editions to us in accordance with clause 8.3.
If you have any questions or complaints about the Editions or our services please email us at email@example.com.
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Editions including the right to receive Editions which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us and for defective Editions under the Consumer Protection Act 1987.
10.3 We are not liable for business losses. We only supply the site and Editions for private use. If you use the site and Editions for any commercial or business purpose we will have no liability to you for any loss or profit, loss of business, business interruption, or loss of business opportunity.
10.4 The site is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the site, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
12.1 We may transfer any of our rights and obligations under this agreement to another organisation. You may only transfer your rights or obligations under this agreement if we agree to this in writing.
12.2 Each of the paragraphs of these Terms of Sale operates separately. If any part of these Terms of Sale is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
12.3 If you breach these Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale. The rights and remedies in these Terms of Sale are cumulative and are not exclusive of any rights or remedies provided by law.
12.4 This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
12.5 These terms are governed by English law and you can bring legal proceedings in respect of the Editions in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Editions in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Editions in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following Editions [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),