MARK SOFILAS ART TERMS AND CONDITIONS OF SALE OF OPEN EDITION PRINTS, LIMITED EDITION PRINTS AND GREETINGS CARDS: 31 March 2024

It is important that you read and understand these terms and conditions before proceeding with this transaction.  If there are any terms that you do not understand or do not wish to agree to, please discuss it with us.  Only proceed with this transaction if you agree to be bound by the terms and conditions set out below.  Mark Sofilas Art is located at 18 Oakwood Drive, Leeds, LS8 2JB and may be contacted at mark@marksofilasart.com. 

1. PURPOSE AND EFFECT
   • These terms and conditions (“Terms”) apply to the sale and purchase of (1) Mark Sofilas Art greetings cards (“Card or Cards”) and (2) Mark Sofilas Art prints across all editions, including Limited Edition Prints and Open Edition Prints (“Print or Prints”).
   • The terms and conditions below form the entire agreement between Mark Sofilas Art (“Seller”, “our” and “we”) and you (“Buyer”, “customer”, “you”).
   • We confirm that we own the Cards and Prints.
   • By purchasing Cards and/or Prints from the Seller, you acknowledge and agree to be bound the Terms set out below.
2. DEFINITIONS
   • “Cards” means greeting cards featuring a reproduction of an original work created by Mark Sofilas.
   • “Goods” means Cards and/or Prints.
   • “Limited Edition Print” means a reproduction fine art print of an original work created by Mark Sofilas, limited to a maximum edition run of 75. Each Limited Edition Print has a certificate of authenticity and is hand signed and marked with the edition type by Mark Sofilas.
   • “Open Edition Print” means a reproduction fine art print, of an original work created by Mark Sofilas, unlimited in number, produced as part of a larger edition run with no certificate of authenticity.  Each Open Edition Print is hand signed and titled by Mark Sofilas.
   • “Prints” mean Limited Edition Prints and, as the case may be, Open Edition Prints.
   • “Website” means www.marksofilasart.com
3. SALE OF CARDS AND PRINTS
   • The Seller agrees to sell Cards and/or Prints (“Goods”) to the Buyer.
   • The Goods are described in detail on the Seller’s website (marksofilasart.com, “Website”).
   • All images on the Website are intended to be an indicative preview of the Goods and should not be relied upon as a completely accurate representation of the final product.
   • Unless agreed with the Seller and stated in your order confirmation, all Prints are delivered in a rolled tube with protective packaging. All Cards are delivered in protective packaging.
4. PRICES AND PAYMENTS
   • The price of the Goods shall be as listed on the Website, which may be updated from time to time.
   • The price of the Goods includes postage costs for deliveries within the UK by recorded delivery by Royal Mail.
   • For deliveries of Goods outside the UK, the Seller will provide details of postage costs to the Buyer on request. For the avoidance of doubt, the payment of any import customs charges, duties and taxes, whether local or international, will be the sole responsibility of the Buyer.  Any deliveries of the Goods outside the UK which are returned to the Seller due to non-payment of custom charges, duties or other taxes will be considered complete and non-refundable. 
5. ORDERING PROCESS AND PAYMENT
   • All orders must be submitted via the Seller’s website in accordance with the instructions set out on each step of the checkout process.
   • Payment shall be made at the time of purchase via the specified payment method (e.g. PayPal).
   • Your order is an offer to buy from us. Orders are only deemed to have been accepted by us upon your receipt of our order confirmation in writing (which may be made by e-mail).   Upon our sending of your order confirmation by email, this agreement is deemed to be in force and all applicable terms and conditions apply. 
   • The Seller reserves the right to:
     • Reject any order submitted by you for any reason. Note, in particular, that orders by customers in countries other than the UK may be held for inspection and checks for fraudulent payment methods prior to acceptance by us;
     • Cancel any order before delivery in the event that payment of the full order value fails; and
     • We will not be liable or otherwise responsible for any loss or damage caused to you by cancellation of an order by us.

6. DELIVERY
   • The Seller shall use reasonable endeavours to dispatch the Goods promptly after receiving payment and providing confirmation of the Buyer’s order. Where it is necessary for the Buyer to procure production of a Print in order to fulfil an order, standard production times are generally in the region of 1-2 weeks from the point of order, although this may vary.
   • Delivery of goods is undertaken by a third-party carrier (Royal Mail within the UK) and after dispatching the Goods, the Seller is not liable or otherwise responsible for any delay in the delivery of the Goods.
   • Once delivery of the Goods has been signed for as accepted, your order is considered complete.   
7. CANCELLATION AND REFUNDS
   • All orders for Prints are for on-demand, hand signed and customised fine art products. As such, the right to cancellation under the Consumer Protection (Distance Selling) Regulations does not apply.
   • The Buyer has the right to cancel an order for Cards within 14 days of the receipt of the Cards. You must tell us in writing (e.g. by email) that you wish to cancel.  You must also send the Cards back to us within the same 14-day period.  On receipt of the Cards, we will refund you the price within 14 days after the day we receive the Cards back from you.
   • In all other cases, if the Goods are damaged prior to delivery and you have informed us of this in writing (by email) within 24 hours of delivery, we will issue a refund within 14 days, or provide a replacement product at no additional charge. You agree that you will return the damaged Goods to us for disposal within 14 days of providing us with notice that the Goods were damaged on delivery.
   • The Buyer shall bear the cost of return postage unless otherwise agreed.
   • All orders that are delivered and we have not been informed of any damage within 24 hours of delivery are deemed to have been accepted by you and will no longer be eligible for a refund or replacement.
   • Any damage caused to the Goods after successful delivery is the responsibility of the Buyer and any replacement that may be requested will be subject to payment of the current price on the Website, including any delivery or any other charges that may also apply.
   • Damage caused to Prints during self-organised framing or mounting by the Buyer is the responsibility of the Buyer and no refund will be available for Prints that have been spoiled in this way.
8. OWNERSHIP AND RISK
   • Ownership of the Goods shall transfer to the Buyer upon receipt by the Seller of full payment.
   • Risk of loss or damage to the to the Goods shall pass to the Buyer upon delivery.
9. BUYER’S RESPONSIBILITIES
   • The Buyer is responsible for ensuring the completeness and accuracy of the order details and the Seller will not be liable for any failure by you to provide complete and accurate information in your order.
   • Where the Buyer purchases a bespoke size of an Open Edition Print, the Buyer must provide in writing to the Seller the exact dimensions requested and the Seller must confirm in writing what dimensions are possible before your order is deemed to be accepted by us.
   • By purchasing the Goods, you confirm that you have read and understood the associated description of the Goods as set out on the Website.
   • The Buyer understands and accepts that all images displayed on the Website are indicative of the final product, subject to variances in display technology and colour rendition, and that delivered Goods may deviate slightly from our on-screen depiction due to these factors, along with changes during the printing process itself.
10. INTELLECTUAL PROPERTY
    • By purchasing Goods from the Seller, you understand that you own a copy of an original fine artwork created by Mark Sofilas.
    • The Seller retains all intellectual property rights to the original fine artwork and the Goods. At no point do you, or will you, own the copyright of any image purchased from us as a Print or Card.
    • The Buyer may not reproduce, copy, share electronically, distribute or resell the Goods without our prior, express permission and any applicable fee (as determined by us solely in our discretion) being paid.
    • It is illegal to produce copies of any work which are copyrighted by us and we reserve the right to request and/or take legal action to enforce any applicable laws should any breach of copyright by discovered.
11. EVENTS OUTSIDE OUR CONTROL
    • The Seller shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by an event outside our control.
    • An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    • If we become aware of an event outside of our control which affects the performance of our obligations under this agreement:
      • We will contact you as soon as reasonably possible to notify you; and
      • Our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control.

12. LIMITATION OF OUR LIABILITY
    • Any claim against us must be brought within a period of 6 years from the date of the confirmation of the order. We shall not accept any claim after this period.
    • We shall not be liable for any direct or indirect losses, if any, which you may suffer in connection with purchasing the Goods. Any liability to you for breach of our obligations whether in contract tort or otherwise shall be limited to the price paid for the Goods provided that nothing in this clause 12 limits or excludes our liability for (a) death or personal injury cause by our negligence; and/or (b) fraud. 
13. VARIATION OF TERMS
    • We may revise these Terms from time to time.
    • Every time you order Goods from us, the Terms in force at that time will apply to the agreement between you and us.
    • The Terms applicable to your contract will be determined as those published and active on the Website on the date your order is placed.
14. PRIVACY AND DATA PROTECTION
    • Details of our privacy policy can be viewed on the Website.
15. JURISDICTION
    • This agreement is governed by and shall be construed in accordance with the laws of England.
    • Any disputes shall be subject to the jurisdiction of the courts of England and Wales.