Definitions: Tony Hardware (the artist and copyright holder) is referred to as ‘me’, ‘I’, ‘the artist’ or ‘my’. ‘You’ refers to you, the user of the site. ‘Site’ or ‘sites’ refers to all sites operated by Tony Hardware Art only.
1. We reserve the right to change the terms and conditions of use at any time by posting changes online.
2. All orders are invoiced in the British pound sterling (£’s) and payment from overseas should match the exchange rate at time of order.
3. All goods remain the property of Tony Hardware until such time as they are paid for in full.
4. Delivery Policy.
i. Tony Hardware Art fulfills orders. Our aim is to release shipments within 4-5 working days of a receipt of an order in stock. However please allow for extra time over holiday periods or for overseas orders If an order is out of stock you will be notified and advised of the time to replenish in case you wish to cancel.
ii. We cannot be held responsible for orders being delayed by Industrial Action or other events beyond our control.
5. Returns policy.
i. Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to Tony Hardware Art within three clear working days of delivery (or, in the case of non-delivery, within 28 calendar days of dispatch of the goods) and any claim in respect of these must be made in writing to Tony Hardware Art within seven clear days of delivery (or, in the case of non-delivery, within 35 days of dispatch).
ii. All other claims must be made in writing to Tony Hardware Art within 28 days of delivery. We shall not be liable in respect of any claim unless these requirements have been met except in any particular case where the Customer proves that (i) it was not reasonably possible to comply with these requirements and (ii) advice was given and the claim made as soon as reasonably possible.
iii. The delivery date is the date of delivery upon receipt of the goods as recorded by the delivery services or five days after the dispatch date (UK inland) from Tony Hardware Art.
iv. Tony Hardware Art must receive the damaged or incorrect goods within 14 calendar days following notification for a full refund to be awarded.
v. We reserve the right to inspect all items returned as damaged goods and if as a result of this inspection no damages are found then we reserve the right to charge you for the cost of the item and all delivery charges.
vi. If there is a problem on our part then we will refund the full cost of the item, the delivery costs getting the item to you and if any standard airmail postage charges in returning the item to us.
vii. Where you are withdrawing from a purchase within 14 days of purchase and there is no error on our part we will refund the cost of the item once the original has been safely returned. However the delivery charges in getting the item to you or returning the item to us will not be refunded.
viii. In all cases of returning goods to us, the goods must be received back in their original pristine condition such that they can be resold.
7. Materials, images etc.,
i. Images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted for any purpose except for personal non-commercial use. Prior written permission is required for any other use.
ii. Where commissioned work is undertaken the rights for further reproduction as prints or other copies may be restricted or not happen if the buyer purchases the sole right to the original painting, normally at extra cost.
8. You agree not to adapt, alter or create a derivative work from any of the material, images, etc., contained in this site or use it for any other purpose other than for your personal non-commercial use.
9. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. You will not port or transmit through the site any defamatory, threatening, obscene, pornographic, harmful or otherwise illegal material, which would violate our rights or the rights of others.
10. This site and the information contained therein including, names, images, pictures, logos and icons regarding or relating to Tony Hardware Art and its products (or to third party products and their services), is provided on a ‘as available' basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11. We will not be liable for any damages whatsoever including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other action arising out of or in connection with the use of the site.
12. We do not warrant that the data in the material contained in this site will be uninterrupted or error free, and that defects will be corrected, or that the site's server that makes it available are free of computer or network based viruses or similar.
13. You agree that we are not responsible for the availability of our site or any other 3rd party site accessed through our site.
14. The names, images and logos of Tony Hardware Art and/or third parties and their products and/or services are proprietary marks of and/or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any licence or right under any trademark or patent of Tony Hardware Art or any other third party.
15. We are not responsible for any customs or import duties or charges resulting from any transactions on our site.
16. The use of this site is limited to adults over the age of 18. We do not knowingly sell or collect information about anyone under the age of 18.
17. English law governs these terms and conditions, and any disputes will be dealt with by the English courts.
18. Commissioned Orders
i. For any commissioned work that is agreed to proceed with the buyer, then a 25% deposit is due before commencement of the painting ordered. A draft sketch/thumbnail of the proposed painting will be sent for approval.
ii. Any commissioned work is undertaken to provide an acceptable outcome but as the finished painting cannot be seen in its entirety until it is finished, then should the outcome be unacceptable to the customer, 50% of the overall value of the order is still required to be paid. Hopefully, this won't happen and as work is undertaken on the basis that the customer has seen the style of the artist accepts that commissioned work is undertaken at risk.