TERMS & CONDITIONS OF SERVICE & SUPPLY

Terms and Conditions of Supply of MASTERS & MUNN

1. Introduction

www.mastersandmunn.co.uk (“site”) is owned and operated by André Masters and CJ Munn, trading as ‘Masters & Munn’ with our business address at 153 Boxley Road, Maidstone, Kent ME142TJ, UK.

Please read these terms and conditions carefully before placing an order. By purchasing services on this Site, you agree to be bound by these terms and conditions, unless both parties have formally agreed in writing any adjustments to these terms. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.

2. Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of services, we will notify you of the changes.

3. Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy. Age restriction: You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

4. Acceptance of order

4.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email from enquiries@mastersandmunn.co.uk or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

4.2 If there is any conflict between these Terms and any term of the order, the order will take priority.

5. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

6. Representations

6.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

6.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

6.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

7. Provision of Services

7.1 We will supply the services to you from the date set out in the order for the period set out in the order.

7.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.

7.3 We will need certain information from you that is necessary for us to provide the services, for example, drawings or photographs of any design ideas or inspiration you choose to provide, dimensions of any desired bespoke sculptures or the space which they will occupy, chosen material finishes, deadlines for completion, description of order, any requested adjustments to designs, timely feedback on work in progress we share with you by photograph, video or in person. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

7.4 We may have to suspend the services if we have to deal with technical problems, 3rd party supplier problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under the circumstances of clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.

7.5 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest. Delaying payments may cause delays in production schedule.

7.6 If we supply a product to you as part of the services (such as a report, photographs, video, or any other form of digital content or any other type of product whatsoever), we will own the copyright, design rights and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.

8. If there is a problem with the services

8.1 In the unlikely event that you are not happy with the services:

a) please contact us and tell us as soon as reasonably possible;

b) please give us a reasonable opportunity to repair or fix any defect; and

c) we will use every effort to solve the problem within 30 days or a reasonable time frame appropriate for the size of the project.

8.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8.3 Before we begin to provide the services, you have the following rights to cancel our services:

a) Subject to terms and conditions set out below, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by writing to us at the address provided. We will confirm your cancellation in writing to you;

b) if you cancel an Order under our allowable conditions and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;

c) however, if you cancel an order for services and we have already started providing the services by that time even if within 14 days of commencement of the contract, you will pay us any costs we have reasonably incurred in providing part of the services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us and these may include but are not limited to:- material costs, administration charges, research fees, design fees, production costs, staff costs, overheads, booking fees. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any further payment to us.

8.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order.

9. Termination

9.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

c) you fail to provide us with timely feedback or information as is necessary to carry out our services.

9.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 50 days of you asking us to in writing. This does not exempt you from paying charges for any work completed up until that point or any booked services with third parties that will incur unavoidable charges.

10. Price and payment

10.1 Prices of the services are specified on our Site and confirmed via email. We may change our prices any time, but that will not affect the prices for confirmed orders.

10.2 Prices listed on the website do not include delivery or installation costs (where applicable). For information on delivery costs to your address we will need your full address and information of any access issues (for example, available parking, width of doors or gates to property, and other information pertinent to delivery and safe installation of artwork at the property). We either deliver in person or use a reputable, insured specialist fine art courier for most deliveries, but clients can make their own arrangements for collection subject to acceptance or responsibility for safe transportation of artworks.

10.3 Orders that need delivery to addresses outside the UK may incur local import duties, taxes or tarifs which are the responsibility of the client/buyer. Please research your local import laws to make sure you have set adequate funds aside for these possible extra costs. Orders cannot be refunded on the basis of non-payment of such import duties, taxes or tarifs.

10.4 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

10.5 Payment for services is to be made in advance by BACS (direct bank transfer) except where agreed otherwise in writing between us.

10.6 For pre-made sculptures available for immediate purchase directly from us, via our website or agents, representatives or exhibitors, payment is required in full at time of sale. For bespoke works of art made to order, our usual terms are 50% of payment due in advance as a deposit to book our time and order materials. [As per Clause 8.3, refunds for cancellations within 14 days are only granted under certain specified terms minus deductions for any time or material costs allocated to the job, including administration, planning and research]. The remaining 50% is either due on completion of the sculpture, or collection/delivery if that date is sooner; or we may agree to split payments into smaller increments subject to written negotiation and written agreement.

10.7 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of LLOYDS BANK from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11. Copyright & Fair Use

11.1 As artists, we reserve the right to copyright of our own creations, not limited to hand-drawn and digitally illustrated designs, verbally described designs, partial or completed sculptural or lifecast work, photographic or illustrative images or video or our work, and any written or visual content included on this Site, our related Social Media accounts, our other websites such as Rockabelly Lifecasts or All Handmade, advertising, marketing and PR for our artistic services. If a client wishes to negotiate for ownership of copyright or right to create copies of their commissioned artwork this must be done so in writing at the point of commission and may be subject to additional charges.

11.2 If a client wishes us to keep their commission off our website and/or Social Media, removing it from our publicly viewable portfolio of work, or to sign any Non-Disclosure Agreements, this must be agreed in writing at the time of booking.

11.3 Unauthorised use of our artwork, promotional materials or written content taken from this website or any promotional material by Masters & Munn - will result in a fixed fee penalty charge of £150 per use of each image or paragraph of text per week, backdated to first unauthorised usage. Failure to remove unauthorised copyright protected material and/or failure to pay the penalty may result in legal action.

12. Limitation of liability

We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13. Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

a) fraud or fraudulent misrepresentation;

b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

14. Circumstances beyond our control

14.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

14.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks. As we are Sole Traders who carry out most of the services personally, Circumstances Beyond Our Control also include personal illness or injury which prevents us from carrying out our day to day duties.

14.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

a) you will be notified as soon as reasonably possible; and

b) the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

14.4 If Circumstances Beyond Our Control occur and continue for more than 50 days and you do not wish us to provide the services, you may cancel the contract.

14.5 We may cancel the contract if the Circumstances Beyond Our Control continues for more than 50 days.

15. Longevity of work

All work is made with the care and quality of materials to expect lasting results. However, your artwork is unique and will come with unique care instructions for cleaning and maintenance appropriate for its long term enjoyment and integrity. Failure to comply with the care instructions specific to your individual purchase may result in damage to the item or may reduce its longevity partially or significantly. Any concerns regarding long term care, any noticable flaws or damage in the piece should be reported to Masters & Munn immediately and we will advise on best solutions to help you maintain longevity, cleaning and integrity of your sculpture. Masters & Munn accept no liability for damage to your sculpture that results from natural weathering, wear and tear, failure to comply with care instructions or the natural degradation of materials over time that can be expected for any work of art. If you lose your care instructions, please contact Masters & Munn immediately and we will reaffirm instructions and update you with any new instructions that may stem from more up to date information on the material finish you have chosen or new care/cleaning products available in the current market.

16. Notice

15.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Masters & Munn at 153 Boxley Road, Maidstone, Kent ME142TJ.

15.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.

17. Miscellaneous

16.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

16.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

16.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

16.4 Each paragraph of these Terms are separate and distinct from each other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.

16.4 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

16.5 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.

Contact us

For any questions or queries you can contact us at 01622 609386 or e-mail us at enquiries@mastersandmunn.co.uk.