Terms & Conditions
Effective Date: 1 May, 2014
1.1 This website is owned and operated by Elephant Art Ltd. We are registered in the UK (technically “England & Wales”) under number 10084105. Our registered office and trading address is at Elephant Art Limited, Huckletree West, The MediaWorks Building, 191 Wood Lane, London, W12 7FP. Our VAT number is 541 3941 55.
1.2 These terms and conditions apply when you buy any goods via this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. The use of our website is governed by the website terms & conditions above. These terms and condition are available in the English language only.
1.3 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
1.4 You are not eligible to buy any goods via this site if it is unlawful for you to buy or use the goods in, or import them into, your country.
1.5 Where you communicate with us on behalf of a company/organisation, you promise that you have authority to act on behalf of that entity.
1.6 Where we refer to “Consumer” below we mean an individual acting outside his or her trade, business, craft or profession.
1.7 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2. Right to cancel
2.1 If you are an EU Consumer, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
2.2 If you do have the right to cancel, the following instructions apply:
2.3 You have the right to cancel this contract within 14 days without giving any reason.
2.4 The cancellation period will expire after 14 days from the day:
a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
b) (in the case of multiple goods ordered by you in one order and delivered separately) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
2.5 To exercise the right to cancel, you must inform us – ColArt Limited, Huckletree West, The MediaWorks Building, 191 Wood Lane, London, W12 7FP – of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
2.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
2.7 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
2.8 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
2.9 We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from you any goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
2.10 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
2.11 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
2.12 You will bear the direct cost of returning the goods.
2.13 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3. Discount codes
3.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, and (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.
3.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
4. Display of goods on our website
4.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance/colour/texture/finish/labelling of our goods. You acknowledge and accept that there may be differences between the actual goods you receive and the way that they appear on our website. For example, the colour tone may differ. Or the product labelling and/or packaging may have changed.
5. Payment and price
5.1 Payment is in advance by the means stated on our website. Dispatch of the goods is subject to our receipt of full payment in cleared funds.
5.2 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
5.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.
5.4 You must contact us immediately with full details if you dispute any payment.
5.5 If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).
6. Your order
6.1 Your order is an offer to buy from us.
6.2 You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
6.3 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
6.4 We will send you a confirmation email after your order but please note that a binding legal contract is formed only when we accept your offer as stated below.
6.5 All orders are subject to availability. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
7. Acceptance / unavailability
7.1 There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have despatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer.
8.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
8.2 Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these. We recommend that you check with your local customs office in advance.
8.3 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page.
8.4 If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.
8.5 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available.
9. Risk and ownership
9.1 Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.
9.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
10.3 The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
i) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
i) such loss or damage is caused by you, for example by not complying with this agreement; or
i) such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
b) You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
11. If you are not a Consumer
11.1 This section applies only if you are not a Consumer (as defined above). In this section, any reference to us includes our employees and agents.
11.2 You must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within three working days of delivery and within ten working days you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly.
11.3 Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
11.4 In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
i) loss of goodwill or reputation;
i) special, indirect or consequential losses; or
i) damage to or loss of data
(even if we have been advised of the possibility of such losses).
11.5 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
11.6 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
11.7 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
12. Events outside our control
12.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
13. English law
13.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
14.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
15.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.