The following terms and conditions shall apply to all Contracts agreed by Shabdiz Art Limited (registered in England and Wales with company registration no of 11163635 and registration office at Unit C305, The Chocolate Factory, 5 Clarendon Road, London N22 6XJ) in respect of the supply of Goods and/or services to the exclusion of all other terms & conditions whether express or implied. No Person in the employment of (or acting as agent of Shabdiz Art Ltd or purporting to do so) has the authority to accept orders or supply Goods on any other conditions or to vary these terms in any way. No variation, or addition to the contract or these conditions shall be binding upon Shabdiz Art Ltd unless in writing under the hand of a duly authorised official of Shabdiz Art Ltd. No contract shall come into effect until it has been accepted in writing.
Previous dealing between Shabdiz Art Ltd and any customer shall not vary or replace these terms in any circumstances.
This contract shall be governed and constructed according to English Law. Any dispute arising out of, or in connection with the same shall be submitted the exclusive jurisdiction of the English Courts.
In these Terms and Conditions, unless stated otherwise:
Purchaser - means the buyer of the Goods from Shabdiz Art Limited
Shabdiz Art - means the company selling the Goods being a trading name of Shabdiz Art Limited
Goods - means the items to be sold to the Purchaser by Shabdiz Art, either all or part of them as set out in the written invoice issued by Shabdiz Art and can consist of paintings, prints, painting accessories etc
(a) The specification of Goods supplied under this contract are as stated in the product descriptions included with the quotation insofar as the specifications are valid at the time of formation of the contract. All specifications are an approximate guide only to the nature and quality of the Goods unless all or part of the specification is or are expressly stated in the quotation to be an essential term of any contract.
(b) The images of the Goods on our website, social media platforms or in our brochure are for illustrative purposes only. Although Shabdiz Art have made every effort to display the colours and details accurately, Shabdiz Art cannot guarantee that a device's display of the colours and/or details or photo in Shabdiz Art brochure accurately reflects the colour and/or details of the Goods. The Goods may vary slightly from those images, and the Purchaser accepts that the Goods may appear differently.
(c) If Shabdiz Art are providing works/paintings that the Purchaser has commissioned, the Purchaser is responsible for ensuring that any measurements provided are correct. Measurement provided by Shabdiz Art are accurate to the best of our knowledge and there may be some small variance in paper sizing or framed sizing.
(d) Shabdiz Art is not responsible for any defects in design, material and workmanship in relation to the Goods where
(i) the defect arises because the Purchaser failed to follow Shabdiz Art oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods.
(ii) in relation to commissioned Goods, the defects arises as a result of following the Purchaser's instructions/specification for such Goods
(iii) the defects arises as a result of witful damage, negligence, or abnormal storage/display conditions.
- PRICES & ORDER ACCEPTANCE/DECLINE
(a) All prices are exclusive of VAT (unless otherise stated) which will be added at the rate in force as required by HM Customs and Excise.
(b) Acceptance of Goods from Shabdiz Art shall be conclusive evidence before any court or arbitrator that these terms apply.
Unless stated to the contrary prices offered did not include the cost of packaging/framing/etc.
(c) The acceptance of the order begins when Shabdiz Art email the Purchaser to accept it, at which point a contract will come into existence between the Purchaser and Shabdiz Art.
(d) If Shabdiz Art for any reason are unable to accept the Purchaser's order, Shabdiz Art will inform the Purchaser of this in writing at the earliest convenience. If any money has been exchanged prior to the acceptance of the Purchaser's order, the funds will be returned in full (minus any transactional fees) at the earliest convenience.
(a) Unless otherwise expressly agreed in writing and subject to the Purchaser having a credit account with Shabdiz Art invoices are due for payment 7 days from the date the invoices is issued. Invoices to Purchasers who do not have a credit account with Shabdiz Art will be issued on a pro forma basis.
(b) If the Purchaser do not make any payment to Shabdiz Art by the due date, Shabdiz Art may charge interest on the overdue amount at the rate of 4% a year above the base lending rate of Santander Bank from time to time. This interest shall accure on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Purchaser shall pay Shabdiz Art interest together with any overdue amount.
(c) If the Purchaser fails to make payment in full in accordance with 2(a) of these conditions, then (without prejudice to any other rights of Shabdiz Art) Shabdiz Art shall be entitled to suspend all or any other deliveries & services to be made under this or any other Contract with the Purchaser. In such an event the Purchaser shall not in any respect be released from their obligations to Shabdiz Art under this or any other Contract.
(a) In general the Purchaser is responsible for arranging the delivery of its Goods. Shabdiz Art will contact the purchaser with an estimate delivery date, within 30 days after the day on which we receive the payment. Shabdiz Art will estimate the date when the Goods will be ready for delivery in good faith and will make every reasonable endeavour to keep to any stated date it accepts no liability whatsoever for any loss or damage whether directly or indirectly resulting from delay.
(b) The costs of delivery will be as advised to you in your invoice and otherwise stated in our quotation. For the avoidance of doubt, the purchaser shall be solely liable for any stamp and other similar duties and taxes to which the Goods may be subject upon receipt.
(c) Deliveries will be made to the purchaser address and will not include positioning or installation unless agreed in writing by an authorised representative of Shabdiz Art.
(d) The Goods will be the Purchaser responsibility from the time the Goods are delivered to you, or a carrier organised by you has collected the Goods from us.
(e) The Purchaser owns the Goods once Shabdiz Art have received payment in full.
(f) If the Goods are not delivered or upon delivery are found to be incomplete or damaged Shabdiz Art shall not be liable unless:
(i) In the case of non-delivery both Shabdiz Art and any carriers received written notice within 7 days of the expected delivery date.
(ii) in case of incomplete or damaged the Goods have been signed for as "incomplete" or "damaged" or "not examined/checked" and both Shabdiz Art and the carriers are sent a written complaint within 7 days of receipt of the Goods and the Goods including packing material are made available for inspection.
(g) Once the Goods have been delivered to the Purchaser, the Purchaser do not have a right to change his/her mind and Shabdiz Art will not accept any return of Goods.
- FORCE MAJEURE
(a) If Shabdiz Art is prevented or hindered from giving eithher part or complete delivery of Goods sold herein or any one or more instalments by reason of hostilities or prohibition of export in the country of origin or by any government restriction or by fire, frost, tempest, strikes, (pandemic) lockouts, riots or by shipwreck or delay in manufacture, shipment or transport or by any cause whatsoever beyond Shabdiz Art's control or by happening of any event which could not reasonably have been foreseen at the date of purchase, Shabdiz Art may as its option at any time either cancel the order entirely or suspend delivery until a reasonable time after removal of the cause preventing or hindering delivery.
If for any reason the Purchaser is unable or refuse to accept delivery of the goods, Shabdiz Art reserves the right to charge any costs incurred for storage, additional handling and transport charges. The Goods shall be invoiced on the day they are put into store and for payment by the Purchaser shall be deemed to have been delivered on that day.
- RESALE OF GOODS
If the Purchaser wish to make any of the Goods available for resale he/she must give Shabdiz Art prior notice in writing of the details of the proposed sale, including the price at which he/she wishes to sell the Goods (Resale notice). Once the Purchaser have sent Shabdiz Art a Resale notice, Shabdiz Art has a right of first refusal (but not an obligation) to purchase the works (or some of them) offered for resale. Within 7 working days of receipt of the Resale Notice Shabdiz Art shall determine the fair market value of the relevant Goods and within 10 working days of our determination of the fair market value, Shabdiz Art shall be entitled (but not obliged) to give the Purchaser notice in writing that we wish to purchase the Goods at such price. In the event that Shabdiz Art decline to purchase the Goods which are subject to a resale Notice, the Purchaser shall be able to resell the Goods without further reference to us.
- RIGHT OF TRANSFER
This contract may not be assigned in part or inwhole by the Purchaser to a third party without the express written agreement of Shabdiz Art.
The Purchaser hereby undertakes and agrees to indemnify Shabdiz Art and keep it full and effectually indemnified against all liabilities costs and expenses incurred by Shabdiz Art as a result of any claim by any third party whether in contract or otherwise in respect of Goods supplied by Shabdiz Art. This indemnity will be up to a maximum value of the amount paid by the Purchaser for the Goods .
Orders cannot be cancelled except on terms which will indemnify Shabdiz Art against all loss unless otherwise agreed by a Shabdiz Art director or company secretary.
The presentation, texts, documentation, illustrations, designs, icons and all other content on the Shabdiz Art website www.shabdizart.com are protected by international copyright laws.
Shabdiz Art retains all rights, including photographs, text and any other information contained in and on the site.
Shabdiz Art expressly forbids the copying of any protected content on the site.