Mullen Made

Standard Terms And Conditions For The Sale Of Artwork From Mullen Made 

1.       INTRODUCTION  

1.1.    It is important that you read and understand these terms and conditions before proceeding with any transaction. If there is any term that you do not understand or do not wish to agree to, please discuss it with a representative of Mullen Made. Only proceed with a transaction if you wish to be bound by the terms and conditions set out below. 

1.2.   This agreement applies as between you, the User of this Web Site, Mullen Made, and the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately. 

1.3.    No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.  

2.       PURPOSE AND EFFECT 

2.1.    These terms and conditions set out all the terms of agreement other than price between you as buyer and us as seller, in relation to the sale and purchase of the item or items identified in the invoice, which we refer to below as “the Work(s)”. We confirm that we either own the Work or are authorised to sell it on behalf of the owner. 

2.2.   If you wish to rely on any variation of, or addition to these terms and conditions, you must ensure that the variation and/or addition has been agreed by us in writing. 

3.      STATEMENTS ABOUT THE WORK 

3.1.    All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the Work constitute our judgement and opinion only (save that this shall not operate so as to exclude any liability on our part for misrepresentation) and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion, which may take place subsequent to the sale. 

3.2.    While we will on request explain the condition of the Work at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Work, however occasioned, after the sale. 

3.3.    You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 3.1 and 3.2 above. 

4.       PAYMENT OF PURCHASE PRICE

4.1.     You must pay Mullen Made the full price for the Work, together with any agreed delivery and/or framing costs, plus any Taxes and any amounts payable to us under clause 5 below by credit card, bank transfer or such other methods as we agree. 

5.       EXPORT 

5.1.     If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. Mullen Made is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  

5.2.    If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  

5.3.    Please be aware that Goods may be inspected on arrival at port for customs purposes and Mullen Made cannot guarantee that the packaging of your Goods will be free of signs of tampering. 

5.4.    You will be responsible for paying any taxes, including but not limited to, import tax, duty, merchandise, sales or user tax that have to be paid in the country of destination whether on shipment or on import or at any other time. 

5.5.    Unless otherwise agreed in writing, the sale of the Work is not dependent on either us or you obtaining an export licence and failure or delay in obtaining a license will not constitute a basis to cancel a purchase or delay payment for it, it is your responsibility as the buyer. 

6.        BREACH BY THE BUYER 

6.1.    If you fail to pay the purchase price in full (or if we agree with you payment by set instalments and you fail to pay any one or more instalment) by the due date, or if prior to you paying the purchase price in full you fail to comply with the obligations set out in clauses of these terms and conditions, or otherwise do or fail to do anything which may in any way imperil our ownership of the Work or the Work itself, we are entitled (without prejudice to our other rights and remedies at law) to either: 

6.1.1.   terminate the contract for sale, repossess the Work and claim damages for any loss we have suffered; or 

6.1.2.   or at our election, treat the sale as cancelled, and repossess the Work, in which case (and only in which case) we shall following the safe return of the Work, refund to you any part of the purchase price you have paid, after deduction of any sums due to us including but not limited to costs of recovery and restoration of the Work. 

6.2.    We shall also have the right to repossess the Work and cancel the sale if before you make full payment of the purchase price to us, proceedings occur in the UK or elsewhere involving your solvency (including but not limited to the presentation of a bankruptcy petition or winding-up petition; or the convening of a meeting to wind you up voluntarily; or an application for an interim order for a voluntary arrangement, or for the appointment of an administrator; or the appointment of an administrative or other receiver). 

6.3.    Where we notify you of the exercise of our right to repossession, you will within seven days of such notice, return the Work to our premises at your cost and risk or tell us where the Work is kept and allow us to enter the premises where the Work is (separately) kept and take the Work away at your cost (it being understood that where the Work consists of more than one item, our rights of repossession extend to all such items). 

7.        LIMITATION OF OUR LIABILITY 

7.1.    We shall not be liable for loss of profits (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the Work. Any liability to you for breach of our obligations whether in contract tort or otherwise, shall be limited to the price paid for the Work provided that nothing in this clause limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud. 

7.2.    As soon as the purchase price is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.  

7.3.    We make no representation or warranty of any kind whatsoever, express or implied, in connection with the Artwork. Mullen Made and its officers, directors, employees, shareholders or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the Artwork. 

8.        RESCISSION 

8.1.    We will have the right, but not the obligation, to rescind a sale without notice to you, where an adverse claim is made by a third party, including but not limited to, someone claiming ownership of the Work. Upon notice of our election to rescind the sale, you will promptly return the Work to us. We will then refund the price and any amount paid to us that represents a royalty due to the Work's author upon the resale of the Work ("Resale Royalty"). The refund of the price and any Resale Royalty will constitute your sole remedy and recourse against us with respect to such claims. 

9.        Intellectual Property Rights 

9.1.    The Design and layout of our site and the Materials posted on it and other media outlets attract and are protected by various legal rights. The Law refers to these as intellectual property rights (IPRs), which include copyright and trademark rights. 

9.2.    Mullen Made is the owner or the licensee of all IPRs in our site and in the material published on it, whether registered or unregistered, and we reserve all rights the same. 

9.3.    Please note that if there are any other laws outside the UK that attach to any of the Materials posted online or to our Site, we reserve our rights under these other laws accordingly. Please also be aware that you are responsible for obeying all applicable laws in any relevant jurisdiction relating to the IPRs subsisting in our Site and any Materials, especially if you are accessing our Site from outside the UK. 

9.4.    We reserve our right to take any appropriate legal action required to protect or enforce our legal rights if you should seek to misuse or otherwise abuse our Site or any of the Materials in any way or if you infringe our IPRs in any way. 

10.     COPYRIGHT 

10.1. Copyright in and of the Artwork remains the property of the Artist. 

10.2.  The copyright subsisting in all images and other materials produced for the sale of the work is owned by us, or is licenced as required, and such images and materials may only be used with our permission.  

10.3. You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party, including any internet website for any purpose. 

10.4. We will have the right to use such images at our own discretion after the sale of the Work.  

10.5. You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication. If such rights are sought, you should contact us. 

10.6. If you breach any of your obligations under section 10 you agree that: 

a.    you will make a payment sufficient to remedy or compensate us and/or the Artist for your breach; 

b.    we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and 

c.     we may, and the Artist may, contact the operator of any internet website on which the Artwork is being offered for sale or on which an image of the Artwork has been placed by you or at your direction, and instruct such. 

11.     Trademark 

11.1. Our trading name Mullen Made, and its various graphical or textual representations, is registered as a trademark of Mullen Made. 

11.2. Mullen Made is the owner of all trademarks, service marks, trade names, logos and devices appearing on our Site, whether registered or unregistered, except where specifically stated otherwise. 

12.     NOTICES 

12.1. Any notice to be given to us or that we must give to you in connection with the sale of the Work must be in writing and must be sent by post, or delivered by hand, to our address or to your last known address as notified to us by you as the case may be. 

13.     DATA PROTECTION 

13.1. We may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase from Mullen Made. By agreeing to these Terms and Conditions, through your purchase, you agree to such information being used as part of the enforcement of these terms and conditions.  Your personal information will not be used in any other way unless specifically declared and agreed.  

14.     REFUNDS 

14.1. If you have concluded a transaction exclusively at a distance you have the right to cancel the contract for the purchase of the Work in question within 7 working days, beginning with the day after the day the Work is collected/delivered. 

14.2. This right extends only to Works returned in the same condition in which they were sold. You will be responsible for the costs of returning the Work to us unless we delivered the Work to you in error. If we do not receive the Work back from you, we may arrange for collection of the Work from you at your cost. 

15.     RIGHTS OF THIRD PARTIES 

15.1. No person other than you and Mullen Made have any rights under these Terms and Conditions. 

16.     LAW AND JURISDICTION 

16.1. These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law. 

16.2. If you are purchasing the Work as a consumer, the courts of England and Wales will have non-exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. If you are not purchasing the Work as a consumer, the courts of England and Wales will have exclusive jurisdiction in relation to any dispute (a) arising from or in connection with these terms and conditions or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions. 

17.     ARBITRATION 

17.1. Notwithstanding clause 16.2 above, either party may, by giving written notice to the other, elect to have any disputes arising out of, or in connection with, the sale and purchase of the Work referred to a single arbitrator in London to be resolved in accordance with the Arbitration Act 1996. The seat of such an arbitration will be London and the language to be used in the arbitral proceedings will be English. In the event that the parties cannot agree upon an arbitrator either party may apply to the President of the Law Society of England and Wales for the time being to appoint as arbitrator a Queen’s Counsel of not less than 5 years standing. The decision of the arbitrator shall be final and binding. 

17.2. Save that the parties acknowledge each other’s right to seek, and the power of the High Court to grant, interim relief, no Court action shall be brought in relation to any claim or dispute until the arbitrator has made a final award.