Terms and Conditions

HemingwayArt.co.uk provides access to the HemingwayArt.co.uk website (the ‘website’) and sells its goods to you subject to the terms and conditions set out here. Please read these terms and conditions carefully before using the website. By using the website, you signify your agreement to be bound by these terms and conditions.

Our customer service details

HemingwayArt.co.uk is a trading name of Oxford Media Limited registered in England number 01590605.

You can contact us:
By email to art@hemingwayart.co.uk
By phone to +44 (0)1865 883991 during normal business hours.
By writing to HemingwayArt, Pennwood House, Pound Lane, Cassington, Oxford OX29 4BN, United Kingdom.

1. Your account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately by email to art@hemingwayart.co.ukof any changes to the information that you provided when registering.

HemingwayArt.co.uk reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

2. General conditions

To purchase from HemingwayArt.co.uk you must be aged 18 or over.

By submitting your order on-line you are offering to buy the goods and allowing us to use your personal details for the purpose of supplying goods (including passing your details onto couriers and other subcontractors). We do not use your details for other purposes without asking your consent, and you may ask that your details are removed from our system by email or by writing to the address above.

We are not obliged to supply the goods until we have confirmed acceptance of your order and this is when the contract is made. When you place an order to purchase goods from HemingwayArt.co.uk we will send you an email confirming receipt of and the details of your order. Your order represents an offer to us to purchase goods which is accepted by us when we send email confirmation to you that we have dispatched those goods to you.

You do not own the goods until we receive payment in full.

If you discover you have made a mistake with your order please contact us immediately using one of the methods described in the customer service section above. Please do this before we confirm your order.

All prices and offers are subject to change and availability.

3. Purchase procedure

The price you will pay for the goods is shown in the Total row of the shopping basket.

Postage and packing will be added for any order not collected directly from HemingwayArt.co.uk.

By completing the check-out procedure you are offering to buy the goods subject to our Terms and Conditions.

At our discretion, we have the right to refuse to supply any goods ordered by you, although every effort is made to fulfil each and every order.

As we process your order, we will inform you by email if any goods you order turn out to be unavailable. We will tell you immediately and a refund will be given where applicable.

In the unlikely event of card authorization failure or the goods no longer being available, HemingwayArt.co.uk will contact you to discuss other payment options or other purchase options.

When we receive your order we may find that the price quoted for the goods you have ordered has changed. We are entitled to make adjustments to the price in the circumstances set out in our Terms and Conditions. If this happens we will inform you of the new price and ask if you wish to proceed with your order. You can either accept the price change or cancel the order immediately. These terms do not affect your statutory rights.

4. Delivery

Dispatch estimates are not guaranteed dispatch times and should not be relied upon as such.

All goods will be dispatched via trusted courier as soon as possible. We will contact you by email to discuss and explain the delivery method.

We cannot guarantee exact delivery dates, however we do wherever possible try to ensure that a recipient is available to take receipt of the goods.

In the unlikely event of experiencing any issues, please contact customer services. We will acknowledge all questions or queries as soon as possible.

5. Customs

When ordering goods from HemingwayArt.co.uk for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. You should contact your local customs office for further information and must comply with all laws and regulations of the country in which you are receiving the goods.

6. Damaged and defective goods

Every effort is made during the packing procedure to ensure your goods arrive with you safe and sound. However, once goods leave us we are at mercy of the courier. In the unlikely event of a problem, we will make every effort to rectify the situation and reach a satisfactory conclusion.

If the goods are damaged in transit or are deemed faulty, please notify us within 2 days of receiving them.

Please repack any damaged or faulty item in the packaging provided and we will arrange to have the goods picked up and returned to us at our expense.

Once we have received and inspected the goods, you will be given the option to have the goods replaced at no charge to you or to have a full refund. This does not affect your statutory rights.

7. Returns and order cancellation

If you change your mind and no longer wish to purchase the goods (for any other reason other than they are damaged) you should return the goods to HemingwayArt.co.uk at your own expense. Please inform us of your intention to do this first.

We will refund you 85% of the value of your order, as a 15% restocking charge will apply.

It is your responsibility to ensure the goods are returned with adequate insurance cover should any damage occur during transit. We cannot accept liability for packages damaged during transit.

Proof of postage is not necessary proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier and to maintain sufficient insurance to cover the value of the goods.

You have the right to cancel your order without penalty as long as the goods have not been dispatched. Please contact us immediately if you want to cancel your order.

If payment has been taken, a full refund will be given.

If goods have been dispatched prior to order cancellation, goods must be returned at your expense and are subject to the terms above.

8. Data Protection and Privacy

We want you to enjoy your shopping experience in the safe knowledge that any information that you provide us with whether it is credit card or debit card or personal information is secure. In order for us to provide you with the best possible service, we need to gather certain information about you. This information will assist us in tailoring our services, specifically for you.

Our internal procedures help to protect your privacy by limiting access to, and use of, this information which is password protected. We do not use ‘cookies’ to collect personal information but may need to use them to manage the contents of the shopping basket.

Primarily, we will use your data to process your order and send your goods to you. This may include passing your details to delivery companies so that we can deliver your package. Basic checks are made against your data, to ensure that the details are genuine. These checks are necessary, particularly to help prevent the fraudulent use of credit and debit cards.

To keep you informed of our exhibitions, news and other offers if you purchase from HemingwayArt.co.uk we will send you a regular newsletter. Details of how to control your newsletter, including how to remove yourself completely from the mailing list will always be included in the newsletter.

Your information (such as name, address, purchase details etc) will not be given or sold to any outside organisation for its use in marketing without your consent.

9. Credit Card Security

The purchase area of our site is secure: this means that we ultilise industry-standard Secure Sockets Layers (SSL) technology to allow for the encryption of potentially sensitive information such as your name, address and other critically sensitive information, including your credit or debit card details. Information passed between your computer and our website cannot be read if it is intercepted by someone else.

10. Access to HemingwayArt.co.uk

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also your access to the website may also occasionally be suspended or restricted to allow for maintenance or the introduction of new services. We will attempt to limit the frequency and duration of any such suspension or restriction.

11. Licence for website access

HemingwayArt.co.uk grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HemingwayArt.co.uk. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not use any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HemingwayArt.co.uk without express written consent.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to HemingwayArt.co.uk as long as the link does not portray HemingwayArt.co.uk, its goods or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the HemingwayArt.co.uk logo as part of the link without our express written consent.

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not HemingwayArt.co.uk, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

12. Copyright, authors' rights and database rights

All website design, text, graphics, their selection and arrangement thereof, and all software compilations, underlying source code, software and all other material on this website are the copyright of HemingwayArt.co.uk.Images used are the copyright of and reproduced with the consent of the artists.All software used on this website is the property of HemingwayArt.co.uk or our software suppliers and is protected by United Kingdom and international copyright and authors' rights laws.

Permission is granted to electronically copy and to print in hard copy sections of this website for the sole purpose of placing an order with us, or using this website as a shopping resource. Any other use of materials on this website, including reproduction for purposes other than those noted above, modifications, distributions or reproduction, without our prior written permission is strictly prohibited. You may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without express written consent of HemingwayArt.co.uk

13. Electronic communications

When you visit HemingwayArt.co.uk or send emails to us you are communicating with us electronically. We communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.

15. Alteration of service or amendments to Terms and Conditions

We reserve the right to make changes to our website, policies and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority, in which case it will apply to orders previously placed by you. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

16. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

17. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

18. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of the United Kingdom.