Terms & Conditions

1.     CONTACT
2.     CONTRACT WITH HUGH BURDEN ART
3.     GENERAL CONDITIONS
4.     HOW TO PLACE AN ORDER
5.     DELIVERY, POST & PACKING
6.     CANCELLATION & RETURNS
7.     FAULTY PRINTS
8.     USE OF WEBSITE
9.     VISITOR CONDUCT
10.   SITE UPTIME & LINKS
11.   EXCLUSION OF LIABILITY
12.   LAW & JURISDICTION

1.     CONTACT:
This website, www.hughburdenart.co.uk is owned and operated by the sole proprietor: Hugh Burden photographer, The Studio, 7A Cooks Folly Road, Bristol, BS9 1PL, UK

2.    CONTRACT WITH HUGH BURDEN ART
2.1 Throughout the site, the terms “we”, “us” and “our”refer to Hugh Burden Art. Hugh Burden Art offers this website including all information, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
2.2  By visiting this website and/or purchasing something from Hugh Burden Art, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, "Term & Conditions"). These Terms of Service apply to all users of the site, including and without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.
2.3   Please read these Terms of Service carefully. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
2.4  By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, and/or you have given us your consent to allow any of your minor dependants to use this site.
2.5  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction INCLUDING BUT NOT LIMITED TO COPYRIGHT LAW.
2.6  You must not transmit any worms or viruses or any code of a destructive nature.
2.7  We reserve the right to refuse service to anyone for any reason at any time.
2.8  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2.9  Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service or any part or content thereof without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

3.     GENERAL CONDITIONS
3.1  When you place an order with Hugh Burden Art, you are making an offer to buy Limited Edition Prints. Hugh Burden Art will send you an e-mail to confirm that your order and payment has been received.
3.2  In the very unlikely event event that a print edition or merchandise is sold out and/or no longer available but shows available on the website, Hugh Burden Art will advise you of this as soon as possible by e- mail. This advising e-mail takes precedent over the point of sale confirmation of your order e-mail which is null and voided. You will be re-funded any monies as soon as possible via PayPal.
3.3  Images of photographic prints and merchandise on this website are for illustrative purposes only. Every effort to display colour as accurately as possible has been made but we cannot guarantee that your monitor's display will accurately reflect the true colours. The photographs are printed to the highest standard at 300ppi from high resolution files on fine art ink jet paper with archival inks. Refer to Print Info on main website for a detailed description.
3.4  All information provided by Hugh Burden Art is as accurate as possible and is provided in good faith, no liability is accepted for any error. We will be pleased to be informed by e mail of any errors you may suspect, and thank you.
3.5  The edition prints are limited to 50 or 25 in sizes A1 and/or A2 and/or A3 and/or A4 as stated with each photograph having up to 2 artist passes (AP). Edition prints are supplied with a certificate of authenticity. Please note some editions may not be available in all the size formats. Other print sizes may be available by request or for exhibition and promotion purposes: e mail hugh@hughburdenart.co.uk for any enquiries. Some limited images maybe used for exclusive t shirt designs branded f8TE or for merchandise.
3.6  Hugh Burden Photographer and Hugh Burden Art assert the print editions will not be compromised and printing will not exceed the edition.
3.7  COPYRIGHT: THE ENTIRE COPYRIGHT IN THE PHOTOGRAPHS IS RETAINED BY HUGH BURDEN AT ALL TIMES THROUGHOUT THE WORLD. By purchasing a print YOU BUY THE LICENCE/RIGHT TO USE THE PHYSICAL PRINT, FRAMED OR OTHERISE IN PERPETUITY. You do not have the right to copy, reproduce in any way mechanical or by any digital method known or to be invented, for commercial, advertising or editorial use for yourself or any third parties. The print/s are for personal use only. If a print/s is purchased as a gift or subsequently gifted or willed, this LICENCE/ RIGHT TO USE and all conditions in perpetuity are transferred to the new owner.
3.8   At point of sale you will need to accept the terms of PayPal to proceed
3.9   Applicable Law - this agreement shall be governed by the laws of England & Wales, UK.

4.     HOW TO PLACE AN ORDER
4.1  You can use Hugh Burden Art website to place an order by selecting the prints you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.
4.2  The buyer assumes responsibility for the goods being suitable for the purpose for which they are being purchased.
4.3  Carriage charges will be shown prior to you placing your order.
4.4  You will be required to pay for the goods in full at the time of ordering.
4.5  Hugh Burden Art uses secure payment facilities for online purchases provided by PayPal and you may pay for your order by PayPal, Visa, Mastercard after agreeing PayPal's terms.
4.6  All prices on Hugh Burden Art website are in UK pounds. Any promotional prices only apply during the period stated and/or during any exhibition or art fair promotion.
4.7  Once your order has been confirmed Hugh Burden Art will notify you by e-mail.

5.     DELIVERY, POST & PACKING
5.1  The printing usually takes three to five working days plus post time on top. Depending on where in Europe you can add another 2 days for the UK and up to 10 working days for mainland Europe. In the event of any delays our end, due to workload, we will keep you informed by e-mail. Any date of delivery given by Hugh Burden Art to you shall be an estimate date only and while the we will endeavour to comply with such date Hugh Burden Art shall not be responsible for late delivery and time shall not be of the essence of the Contract. Without prejudice to the generality of the foregoing the Company shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of Hugh Burden Art.
5.2   Time is not of the essence of the contract unless expressly agreed in writing by Hugh Burden Art and the customer. IF THE DELIVERY DATE IS OF THE UTMOST IMPORTANCE please e mail hugh@hughburdenart.co.uk in the first instance to confirm the agreement and maybe arrange additional guaranteed postage/delivery.
5.3  The prints are supplied rolled in tissue paper in a secure cardboard tube and sent via Royal Mail from the UK and from La Poste in France. Tracked Delivery via Royal Mail is added at check out at a flat rate of £6
5.4  Parcels can go missing in the post, it is rare however. We cannot issue replacement orders until 10 working days after dispatch for the UK and 28 days for EU & International after this time we can claim from Royal Mail or La Poste. If an order does not arrive as expected we recommend in the first instance checking at your local post office and confirming your address before contacting Hugh Burden Art. Please also note you should notify Hugh Burden Art. within 30 days of any orders that have not arrived. After this time we cannot replace any orders free of charge.
5.5  Sometimes, for reasons beyond our control we may be prevented from getting your print/s to you as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the fault of our suppliers. We are not responsible where this causes a delay or failure in delivering your goods, but will keep in contact to advise or rearrange.

6.     CANCELLATION & RETURNS
6.1  As a consumer, you have legal rights in relation to goods sold online and goods that are faulty or not as described. 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.
6.2  If for any reason you are unsatisfied with your print or merchandise you have 14 days from receiving it to notify Hugh Burden Art by e mail of such and then 14 days to return it at your expense (tracked postage) for a full purchase refund. You will be refunded within 14 days of us receiving the print back, or you providing evidence of having returned the goods (proof of a trackable postage receipt from the post office), whichever is the sooner.
6.3  To be eligible for a return, your item must be undamaged and unmarked and in the same condition that you received it. It must also be in the original packaging. The return address will be confirmed in the exchange of e mails when we are notified of your return intention.

6.4  PLEASE BE AWARE THAT THE SURFACE OF FINE ART PRINTS ARE DELICATE AND WILL MARK WITH FINGERPRINTS, LIQUIDS AND ABRASIONS AND AS SUCH ARE CONSIDERED DAMAGED AND IF SO ARE UN-RETURNABLE, please take the utmost care when handling.

7.     FAULTY PRINTS
7.1  Every print is examined carefully after printing and again before signing so it is difficult to imagine a fault being missed, however in the event of something slipping through simply e-mail hugh@hughburdenart.co.uk with an attached photograph and description of the fault. An exchange replacement will be arranged and sent as soon as possible. To ensure the integrity of the Edition this rejected faulty print must be destroyed and evidenced with a digital photo or returned. The destruction and subsequent replacement will be logged in Hugh Burden Art Edition Records as such.

8.     USE OF WEBSITE hughburdenart.co.uk
8.1  Using the Website implies that you accept the terms and conditions. We do occasionally update the Terms and Conditions so please refer back to them in the future.
8.2  The copyright and other intellectual property rights in all material on this Website are owned by Hugh Burden and Hugh Burden Art. You are permitted to use Hugh Burden Art website and download material from this Website ONLY FOR YOUR OWN REFERENCE with the proviso :
i  That you do not print, reproduce, distribute or modify any content.
ii  Publish in any media existing or to be in the future in digital or analogue.
iii  You do not use it for any commercial, advertising or editorial use without the consent of Hugh Burden or Hugh Burden Art. Hugh Burden and Hugh Burden Art asserts all copyright rights. (see also 3.7 COPYRIGHT above) Please e mail hugh@hughburdenart with any request or enquiry with regard to any of the above.

9.     VISITOR CONDUCT
9.1  When using this website you shall not post to or post from, send to or send from this Website any material for which you have not obtained all necessary consents. You will not use in any way which is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.

10.     SITE UPTIME & LINKS
10.1  We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to updates, server issues and other technical issues. Therefore we will not be liable if this website is unavailable at any time.
10.2  Any links to third party websites located on this Website are provided for your convenience and reference only. Hugh Burden Art accepts no responsibility for such third party websites or their content.

11.     EXCLUSION OF LIABILITY
11.1  Hugh Burden Art takes all reasonable steps to ensure that the information on this Website is correct. However the correctness or completeness of material on this Website is not guaranteed. Neither Hugh Burden Art nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of Hugh Burden Art website. This exclusion shall include without limitation, any other direct, indirect or consequential loss.

12.     LAW & JURISDICTION
12.1  This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales 2020.


Images on this website are protected by an invisible monitored digital signature : Digimarc ID- 110845

Mail:  hugh@hughburdenart.co.uk     Telephone: +44 (0)7788 746 797

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