Terms and Conditions

1. Definitions and Interpretations

1.1. In these Terms:
"Bespoke Work" means images created for You, on Your instructions as set out on Your Order Form;
"Contact Address" means Our address at Studio 309, Bridge House, 7 Bridge Street, Taunton, TA1 1TD
"Contract" means these Terms and the Order;
"Goods" means the items which You buy from Us;
"Images" means images made available for sale on Our Website and ordered by You on Your Order Form.
"IPR" means all patents, trade marks, service marks, design rights, (whether registerable or not), database rights, copyright, know-how, trade or business names, domain names, and other similar rights or obligations (including the right to apply for registration of any of the foregoing) whether registerable or not in any part of the world;
"Order" means the order for Goods placed by You using the Order Form and accepted by Us subject to these terms;
"Website" means the website identified by the URL http://www.greengiraffe.co.uk
"Working Day" means Monday to Friday between the hours of 9am and 5pm but not any day which is a public holiday in the UK.

1.2. In these Terms, references to "in writing" shall include email.

2. Product Information

2.1. We have made all reasonable efforts to accurately display the colours and designs of the Goods for sale on Our Website. You acknowledge and accept that designs, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may vary due to your own computer’s visual settings and hardware.

3. The Formation of the Contract Between You and Us

3.1. How to Order Images
3.1 (a) If You wish to place an Order please contact Us with details of Your requirements. When the order has been placed We will send You a Form detailing the Order and asking that You sign the Form to confirm that the details are correct and that You accept Our Terms and Conditions. Once We receive Your Order we will contact You confirming receipt of Your Order. This confirmation does not mean Your Order has been accepted.
3.1 (b) You may print an Order Form from Our Website and send the fully completed Form to Our contact address. Once We receive Your Order We will contact You confirming receipt of Your Order. This confirmation does not mean Your Order has been accepted.
3.2. How to Order a Bespoke Work
If You wish to commission a Bespoke Work please contact Us with details of Your requirements. We will discuss Your requirements with You and, if You wish Us to proceed, We will supply You with an Order Form containing the description of the Bespoke Work to be created. Please then complete the Order Form and then fax, email or post the Order Form to Us using the contact details contained on the Order Form. Once We receive Your Order We will contact You confirming receipt of Your Order. This confirmation does not mean that Your Order has been accepted.
3.3. Payment
We must receive payment in full for the Goods before Your Order can be accepted and delivered and We will notify You if and when We accept Your Order.
3.4. What Happens Next
Once payment has been received by Us We will inform You whether Your Order has been accepted by contacting You at the contact address You provide in the Order Form. It is only at this point that an Order is accepted.
3.4.1. We will then process Your Order. Once an Order has been processed it cannot be cancelled.
Price
3.5. The price payable for the Bespoke Works that You Order will be the price shown on the Order Form that We supply to You.
3.6. The price payable for Images that You order will be the price shown on the Website for those Goods at the time your Order Form is received or the price stated by Us when Your Order is placed.
3.7. The prices payable for Goods shown on the Website include delivery by first class post or courier. Any return postage costs must be met by you.
3.8. Prices are subject to change without notice but changes will not affect Orders which have already been received.
3.9. Despite Our best efforts, some of the items listed in the Website may be incorrectly priced, prices will be verified when We contact You to confirm whether or not We accept Your Order.
3.10. We are under no obligation to provide Goods to You at an incorrect (lower) price if the pricing error is obvious and could reasonably have been recognised by You as a pricing error.

4. Right for You to cancel

4.1. Notwithstanding clause 3, You may cancel Your Order for an Image at any time up to the end of the tenth (10th) Working Day from the date You receive the ordered Goods PROVIDED THAT:
4.1.1. Those Goods remain unopened and sealed in their original packaging in a condition suitable for resale;
4.1.2. To cancel Your Order You must notify Us in writing;
4.1.3. If You have received the Goods before You cancel Your Order then You must send the Goods back to Our Contact Address at Your own cost and risk within 21 days of cancellation.
4.1.4. Once You have notified Us that You are cancelling Your Order, the sum of any cheque encashed by Us will be returned, less the postage cost, as soon as possible after the Goods are returned to Us in good condition.
4.1.5. The Goods in question must be returned to Us within 30 (thirty) days of Your cancellation notice and must be received by Us in the condition they were in when delivered to You, unopened and sealed in their original packaging in a condition suitable for re-sale. Then, We will re-credit You within 7 (seven) days. We shall be entitled to recover any direct costs of having to recover the Goods from You and may set such costs off against the amount to be re-credited to You. For example, if the costs of recovering the Goods from You exceeds the amount paid by You, You will owe Us the cost of returning the Goods, less the amount You have already paid.

5. Cancellation by Us

5.1. We reserve the right to cancel the Contract if:
5.1.1. We have insufficient stock to deliver the Goods You have ordered;
5.1.2. We do not deliver to Your area or country; or
5.1.3. If one or more of the Goods You ordered was listed with incorrect product information, price and/or description for whatever reason.
5.1.4. If We have reason to believe that You will fail to pay for the Goods or that You will not comply with these Terms (or any of them).

6. Delivery of Goods to You

6.1. Once Your Order has been accepted, We will deliver the Goods ordered by You to the delivery address You give Us at the time You make Your Order.
6.2. We will contact You within 30 days of receipt of Your Order. We are unable to guarantee when Your Goods will be delivered although We will endeavour to deliver all Goods within 30 days of accepting an Order.
6.3. You acknowledge that Goods Ordered from Us will not be insured by Us against damage once they have been dispatched by Us. All Goods will be dispatched by first class post or courier unless specifically stated otherwise. If You wish the Goods to be dispatched to You by means other than first class post or courier , please contact Us before placing Your Order. Having Your Goods dispatched by means other than first class post or courier will incur additional delivery costs to be paid by You.
6.4. Risk in the Goods passes when they are dispatched by Us. Title to the Goods passes when they have been delivered to You.
6.5. Orders placed with Us can only be delivered to addresses in the UK unless We expressly agree otherwise in writing before accepting Your Order.

7. Liability and Limitation

7.1. If You are a consumer and We do not deliver or if the Goods We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at Our Contact Address of the problem within seven (7) working days of delivery of the Goods in question.
7.2. If You are not a consumer and We do not deliver or if the Goods We deliver are not what You ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at Our Contact Address of the problem within a reasonable period from the time of delivery.
7.3. It is Your responsibility to inspect the Goods for any damage or defect within ten (10) working days of delivery.
7.4. If You notify a problem to Us under a Contract, Our only obligation will be at Our option:
7.4.1. to make good any shortage or non-delivery or incorrect delivery; or
7.4.2. to replace or repair any Goods that are damaged or defective; or
7.4.3. to refund to You the amount paid by You for the Goods in question.
7.5. We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under this condition.
7.6. Our liability in connection with any Goods purchased through this Website is strictly limited to the purchase price of those Goods.
7.7. No warranty is given in respect of the Goods.
7.8. Nothing in these Terms shall act to limit Our liability for death, personal injury, fraudulent misrepresentation or anything else for which it would be illegal for Us to limit or exclude, or attempt to limit or exclude, Our liability.

8. Intellectual Property

8.1. You acknowledge and agree that We own all IPR in the Goods.
8.2. You acknowledge that You have not and shall not acquire any interest in any Copyright, patent, trade mark, design or other Intellectual property right of any kind or nature which may exist or come to exist in or relating to the Goods. For the avoidance of doubt, no right or licence, either express or implied, with respect to the Goods is granted hereunder by Us to You.
8.3. Sam Walsh asserts all legal and moral rights in the Goods including without limitation the right to be identified as the author of the Goods.

9. Notices

Unless otherwise expressly stated in these Terms, all notices from You to Us must be in writing and sent to Our Contact Address.

10. Events beyond Our Control

We shall have no liability to You for any failure to deliver Goods You have ordered or any delay in doing so or for damage or defect to Goods delivered that is caused by any event or circumstance beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

11. Invalidity

If any part of these Terms is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of these Terms will not be affected.

12. Governing Law

This contract shall be governed by and interpreted in accordance with English law and both parties submit to the exclusive jurisdiction of the English Courts.

13. Entire Agreement

13.1. These Terms, together with the Order Form set out the whole of Our agreement relating to the supply of the Goods to You by Us.
13.2. You acknowledge that, in entering into a contract, You have not relied on any representation, undertaking or promise given by Us to You or implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these Terms or in a separate written communication from Us clearly saying that the relevant communication is a term of the Contract.