Art Terms & Conditions
Terms of Service: Our Customers
1. These terms
1.1 What these terms cover.
These are the terms and conditions on which we supply Artwork to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Artwork to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are.
We are Txengo Ltd, a company registered in England and Wales. Our company registration number is 11010256.
2.2 How to contact us.
You can contact us by telephoning our customer service team at +44 (0)20 7059 9786 or by writing to us at hello@txengo.com
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Artwork. This might be because the Artwork is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Artwork or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our Artwork
4.1 Artwork may vary slightly from their pictures.
The images of the Artwork on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Artwork. Your Artwork may vary slightly from those images.
4.2 Artwork packaging may vary.
The packaging of the Artwork may vary from that shown in images on our website.
5. Your rights to make changes
If it is possible we will let you know about any changes to the price of the Artwork, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the Artwork.
We may change the Artwork:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Artwork.
6.2 More significant changes to the Artwork and these terms.
In addition, as we informed you in the description of the Artwork on our website, we may make changes to these terms or the Artwork, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Artwork paid for but not received.
7. Providing the Artwork
7.1 Delivery costs.
The costs of delivery / shipping will be as displayed to you on our website and are included in the price you see on our website for the item you wish to purchase.
7.2 We do not stock the Artwork ourselves.
We act as an intermediary sales provider for suppliers of the Artwork, with whom we contract separately to ensure the safe delivery of the Artwork to you.
7.3 When we will provide the Artwork.
We will work with our suppliers to arrange for delivery to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. If an Artwork(s) is to be designed, built, imported or otherwise may take longer than 30 days to be delivered to you in accordance with your specifications, we will notify you of an estimated delivery date at the time you place your order.
7.4 We are not responsible for delays outside our control.
If the supply of the Artwork is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. 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 Artwork you have paid for but not received.
7.5 If you are not at home when the Artwork is delivered.
If no one is available at your address to take delivery and the Artwork cannot be posted through your letterbox, our supplier will leave you a note informing you of how to rearrange delivery or collect the Artwork from a local depot.
7.6 If you do not re-arrange delivery.
If you do not collect the Artwork from as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our / our supplier’s reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you do not allow us / our supplier access to provide services, including installation/fitting.
If you do not allow us / our supplier access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us or our supplier as a result.
7.8 Further,
if we / our supplier attempts to deliver Artwork and they do not fit through access points with dimensions provided by you (or not provided at all), we may we may either end the contract (and clause 10.2 will apply) and make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result, or deduct reasonable delivery costs from any refund in the event that you reject the Artwork as a result of it not being deliverable into your address.
7.9 Your legal rights if we deliver Artwork late.
You have legal rights if we / our supplier deliver the Artwork late. We will always try to rectify the issue in the first instance, and we ask that you contact us if more than 10 working days elapse after having received notification that your Artwork has been despatched. If we / our supplier miss the delivery deadline for any Artwork then you may treat the contract as at an end straight away if any of the following apply:
(a) We / our supplier have refused to deliver the Artwork;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.10 Setting a new deadline for delivery.
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.9, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.11 Ending the contract for late delivery.
If you do choose to treat the contract as at an end for late delivery under clause 7.9 or 7.10, you can cancel your order for any of the Artwork or reject Artwork that have been delivered. If you wish, you can reject or cancel the order for some of those Artworks (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Artwork and their delivery. If the Artwork have been delivered to you, you must post them back to our supplier at the address provided on the return label and/or specified in the delivery notes accompanying the Artwork. If they are not suitable for posting, you must allow us / our supplier to collect them from you. Please use the contact details provided with the Artwork to obtain a return label if one is not provided, or to arrange collection.
7.12 When you become responsible for the Artwork.
An Artwork will be your responsibility from the time we / our supplier deliver the Artwork to the address you gave us or you or a carrier organised by you collect it from our supplier or other agreed address.
7.13 When you own Artwork.
You own the Artwork once we have received payment in full.
7.14 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the Artwork to you, for example, suitable access points, doorway widths, access routes to the premises to which the Artwork are to be delivered. If so, this requirement will have been stated in the description of the Artwork on our website. If not provided during the order process, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Artwork late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.15 Reasons we may suspend the supply of Artwork to you.
We may have to suspend the supply of a Artwork to:
(a) deal with technical problems or make minor technical changes;
(b) update the Artwork to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Artwork as requested by you or notified by us to you (see clause 6).
7.16 Your rights if we suspend the supply of Artwork.
We will contact you in advance to tell you we will be suspending supply of the Artwork, unless the problem is urgent or an emergency.
8. Your rights to end the contract
8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Artwork repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the Artwork, see clause 8.3. You may be able to get a refund if you are an individual (not a business customer) and are within the 14 day “cooling-off” period, but this may be subject to deductions and you may have to pay the costs of return of any Artwork;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Artwork which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Artwork or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the Artwork you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Artwork may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.9).
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most Artwork bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. This clause and clause 8.4 do not apply to business customers.
8.4 How long do I have to change my mind?
You have 14 days after the day you (or someone you nominate) receive the Artwork.
8.5 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for Artwork is completed when the Artwork is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Artwork not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44 (0)20 7059 9786 or email us at hello@txengo.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning Artwork after ending the contract.
If you end the contract for any reason after Artwork have been dispatched to you or you have received them, you must return them to our supplier. You must post them back to our supplier at the address provided in the delivery paperwork accompanying the Artwork, or (if they are not suitable for posting) allow us / our supplier to collect them from you. Please call customer services on +44 (0)20 7059 9786 or email us at hello@txengo.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Artwork within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return.
We will pay the costs of return:
(a) if the Artwork are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the Artwork or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances, unless specified and agreed otherwise (including where you are exercising your right to change your mind), you must pay the costs of return.
9.4 How we will refund you.
We will refund you the price you paid for the Artwork including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Artwork, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Artwork and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we / our supplier offer. For example, if we / our supplier offer delivery of a Artwork within 3-5 days at one cost but you choose to have the Artwork delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the Artwork are Artwork and we / our supplier have not offered to collect them, your refund will be made within 14 days from the day on which our supplier receives the Artwork back from you or, if earlier, the day on which you provide us with evidence that you have sent the Artwork back to our supplier. For information about how to return a Artwork to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10.Our rights to end the contract
10.1 We may end the contract if you break it.
We may end the contract for a Artwork at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Artwork;
(c) you do not, within a reasonable time, allow us / our supplier to deliver the Artwork to you or collect them from our supplier; or
(d) you do not, within a reasonable time, allow us / our supplier access to your premises to supply the services or delivery the Artwork (including if on delivery it appears that the dimensions or other access details provided by you are inaccurate or have not provided).
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Artwork we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We or our supplier may withdraw the Artwork.
We may write to you to let you know that we are / our supplier is going to stop providing the Artwork. We will let you know at least 14 days in advance of our stopping the supply of the Artwork and will refund any sums you have paid in advance for Artwork which will not be provided.
11. If there is a problem with the Artwork
11.1 How to tell us about problems.
If you have any questions or complaints about the Artwork, please contact us. You can telephone our customer service team at +44 (0)20 7059 9786 or write to us at hello@txengo.com
11.2 Individual Consumers Only: Summary of your legal rights.
We are under a legal duty to supply Artwork that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Artwork. Nothing in these terms will affect your legal rights. This clause do not apply to business customers.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products (in this case, Artwork) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Artwork your legal rights entitle you to the following:
a) Up to 30 days: if your Artwork is faulty, then you can get an immediate refund.
b) Up to six months: if your Artwork can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your Artwork does not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
11.3 Your obligation to return rejected Artwork.
If you wish to exercise your legal rights to reject Artwork you must post them back to our supplier or (if they are not suitable for posting) allow our supplier to collect them from you. Please call customer services on +44 (0)20 7059 9786 or email us at 5 Calvert Avenue, London E2 7JP for a return label or to arrange collection.
Price and payment
12.1 Where to find the price for the Artwork.
The price of the Artwork (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Artwork advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Artwork you order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date the Artwork is supplied, we will adjust the rate of VAT that you pay, unless you have already paid for the Artwork in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the Artwork we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Artwork's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Artwork's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Artwork provided to you.
12.4 When you must pay and how you must pay.
We accept payment via all major credit or debit card providers. You must pay for the Artwork before it is dispatched, at the point we confirm your order is accepted by us, at which point we will provide relevant information for payment to be made.
12.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the Bank of England base rate 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.
12.6 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking 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, for example, if you discussed it with us during the sales process.
13.2 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 Artwork including the right to receive Artwork which are:
(a) as described and match information we provided to you and any sample or model seen or examined by you;
(b) of satisfactory quality;
(c) fit for any particular purpose made known to us;
(d) supplied with reasonable skill and care and, where installed by our supplier, correctly installed.
13.3 Liability for damage to your property.
All of our suppliers have provided an indemnity to us in the event that any damage is caused by them to your property during the supply of Artwork which you have ordered from us, including in the delivery of the same. If any damage is caused, please contact us immediately to report the damage so we can consider and take appropriate steps to remedy the issue. Note that neither we nor our suppliers are responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
13.4 We are not liable for business losses.
If we supply Artwork or services to business customers, or you use the Artwork for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.How we may use your personal information
14.1 How we may use your personal information.
We will only use your personal information as set out in our https://www.txengo.com/admin/privacy-policy
15.Other important terms
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Artwork, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the Artwork in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Artwork in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Artwork in either the Northern Irish or the English courts.
Many thanks for reading.
Best,
Txengo and the team.
