‘Terms of use’ and ‘Terms and Conditions of Sale ‘
Updated 08/11/22
Terms of use
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
In this policy, the term “we,” “us,” “our”, and “the gallery” means Dr Jack Roberts t/a JPR Stitch, and “you” means the individual to whom the information relates or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales
Terms and Conditions of Sale (Terms of Sale)
1). About Us
a). In this policy, “we,” “us,” “our”, and “the gallery” means Dr Jack Roberts t/a JPR Stitch, and “you” means the individual to whom the information relates.
b). If you have any questions or comments, please email hello@jprstitch.com
2). About these terms
a). We own certain artworks and other property directly and will sell those as principal. The contract for the sale is made between us and buyers (“you” “your” and “buyer”). In other listings the owner will be a third-party individual or company (“Seller”), in which case JPR Stitch acts as agent for the Seller. The contract for the sale of such artworks and other property will be between the Seller and buyer.
b). These Terms of Sale contain all the terms and conditions on which we and the Sellers contract with buyers for the sale of Artworks via our site.
3). Purchase and our contract
a). With ‘Add to Cart’, we or the Seller list the Artwork for a fixed price only. Add to Cart orders are binding on the buyer. When you place an order using this feature, you complete the transaction in accordance with these terms.
b). You are responsible for reading the full listing for an Artwork before making a commitment to buy.
c). For all orders, once your order has been placed, we will send you an acknowledgment by email. This email is an acknowledgement that we have received your order and does not constitute acceptance of your order by us.
d). Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the cancellation procedures set out below, our acceptance of your order will take place when we notify you that the Artworks ordered by you are ready to be dispatched, at which point a contract will come into existence between you and us or you and the Seller (as applicable).
e). We may be unable to accept your order. This might be because we are unable to obtain authorisation for your payment or we identify an Artwork error or a pricing error or you are in breach of these Terms of Sale. If, for whatever reason, we do not accept your order, we will notify you of this and will refund to you any amounts that you have already paid to us for the Artwork.
f). All website transactions are processed by ‘Stripe’, our third-party payment partner. ‘Stripe’ is highly secure, using industry-leading technology to keep your information safe. Visit ‘Stripe’ for more information.
4). Descriptions and Copyright
a). We will take all reasonable care to ensure that prices of Artworks appearing on our site are correct at the time that the relevant information is entered onto the system. Although we aim to keep the site as up to date as possible, the information on the site at a particular time may not always reflect the position exactly at the moment you place an order.
b). Please note that all dimensions are approximate and illustrations and images are for identification and illustrative purposes only. Whilst we make every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Artwork. Artworks purchased may vary from the images shown.
c). You acknowledge that descriptions of Artworks are not warranties and that each Artwork is sold “as is”. Information provided in respect of any listing, including in the online listing descriptions and whether written or oral is a statement of our opinion and not a representation of fact.
d). The intellectual property rights (including copyrights) in each Artwork is owned by the artist who created it, or any third party to whom such rights have been transferred by the artist, and you shall have no right, title or interest in or to the intellectual property rights (including copyrights) in any Artworks purchased by you from us.
e). The intellectual property rights (including copyrights) in all images, photographs, illustrations and other content created by or for us relating to a listing or the site is owned by us and you shall have no right, title or interest in or to such intellectual property rights and may not use such materials without our prior written consent.
f). For the avoidance of doubt, this sale does not transfer or assign or licence any copyright or other intellectual property rights to you. During the period in which the Work is protected by copyright, the copyright remains with the artist (or any person to whom that right has been assigned). You are purchasing the Work, but not the right to produce copies of the Work (including photographs thereof) for publication or perform any other act restricted by copyright. If such rights are sought, you should contact the copyright owner.
5). Price and Payment
a). All prices and charges are shown in Pound Sterling. The actual amount to be paid in your home currency will be determined by the exchange rate used by your bank or credit card company when you are actually charged.
b). All website transactions are processed by ‘Stripe’, our third-party payment partner. ‘Stripe’ is highly secure, using industry-leading technology to keep your information safe. Visit ‘Stripe’ for more information.
c). In addition to the purchase price, you agree to pay us any applicable buyer’s premium, VAT, any and all shipping and insurance expenses, and all other applicable charges. You must pay any customs or import duties or local sales or use taxes or equivalent taxes that may be payable. We are not responsible for any such duties or taxes that may be payable in respect of any Artwork purchased on our site. You should consult your own tax advisors.
d). VAT: JPR Stitch is not VAT registered and thus does not charge VAT. All prices, fees and charges indicated on the site are exclusive of VAT (where applicable) at the current rates chargeable unless otherwise stated.
e). Import Duties and Taxes: You are responsible for paying any taxes, customs duties and fees levied by local customs authorities (“Import Duties and Taxes”) which are triggered when the Artwork is shipped to the country you designate. Where Import Duties and Taxes are due, you are solely responsible for paying them. Neither us or the Seller collect and pay Import Duties and Taxes on your behalf. You will need to pay any amounts due directly to the applicable customs authority. We are not able to offer any guidance on Import Duties and Taxes and we recommend that you contact your local customs office for details.
f). It is possible that, despite our best efforts, some of the Artworks on our site may be incorrectly priced. If the correct price at the time of your order is higher than the price stated to you, we will contact you for instructions before we accept your order. If we accept and process your order where a pricing error could reasonably have been recognised by you as a mispricing, we may end the contract, refund to you any sums already paid and require that you return the Artworks to us.
g). Payment may be made by any of the methods specified on our site. You must pay for the Artworks before we dispatch them to you.
6). Delivery of Artwork
a). The costs of delivery of Artworks will be as displayed to you on our site during the order process.
b). Dispatch time will vary between artworks – the dispatch time is usually within 10 days of purchase but for some artworks may be longer. Details of dispatch time can be seen on the collector’s area for each artwork. If for any reason this timeframe needs altering, we will contact you.
c). Delivery will only be made once full payment for the Artworks has been received by us, into our bank account. We are not responsible for any delays or additional charges resulting from destination customs clearance processes.
d). We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Sale that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms of Sale (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under the Terms of Sale will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
e). Orders shall be delivered to the address indicated by you at the time of ordering, save that we will only deliver to those countries found on the list shown on our site at the time of ordering and we do not deliver to P.O. boxes. We cannot be liable for any loss suffered by you as a result of you supplying us with incomplete or inaccurate delivery information. We are unable to redirect orders once the Artworks have been dispatched.
f). In the event that no one is available at your address to take delivery, a notice shall be left informing you of how to rearrange delivery or indicating from where the Artworks may be collected. If you do not take delivery or collect the Artworks within a reasonable time, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and charge you a reasonable amount by way of compensation for the costs that we incur as a result.
7). Ownership and Responsibility
a). You will own the Artworks from the time when the contract between you and us or you and the Seller (as applicable) is made. Ownership will immediately revert to us or the Seller (as applicable) if we refund the price you have paid for the Artwork.
b). The risk in and responsibility for the Artworks will transfer to you from the time we deliver them to the address provided by you in your order. You are responsible for insuring the Artworks from this point.
8). Cancellation and Returns for Consumers
a). You have a legal right to cancel your order at any time prior to delivery or within 14 days of delivery having been made (starting with and including the day after you receive the Artworks). This right, under the Consumer Contracts Regulations 2013, is explained in more detail in these terms.
b). To exercise your right to cancel, please contact us before the end of the 14 day period informing us of your wish to cancel and providing details of your name, address, contact details, customer order number, the date on which your order was placed and the Artworks to be returned. Any notice given by you after the 14 day time limit will not be effective to cancel your order.
c). If you cancel your order after the Artworks have been dispatched to you (or at a time when it is too late for us to prevent them being dispatched), you must return them to us (at the address we provide at the time) by recorded insured delivery within 14 days of notifying us that you wish to cancel the contract. You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the Artworks should this be required. You are responsible for ensuring that the Artworks are adequately protected during transit, bearing in mind their nature and value. Artworks must be returned in a saleable condition. We ask that you return the Artworks in the same packaging.
d). If you exercise your right to cancel set out in this clause, you must pay the costs of return.
e). If you exercise your right to cancel, we will refund you the price you paid for the Artworks, excluding delivery costs (if the artwork has been shipped) but subject to any applicable deductions as described below. The refund will be made to you by the method you used for payment.
f). In calculating the amount to be refunded to you, we may make deductions to reflect any reduction in the value of the Artworks that is the result of unnecessary handling of the Artworks by you. If we make the refund to you before we are able to inspect the Artworks and later discover that you have handled them unnecessarily, you must pay us an appropriate amount.
g). We will process any refunds due to you within 14 days from the day on which we receive the Artwork back from you. We will notify you by email once your refund has been processed.
h). Nothing in this clause affects any of your rights to reject Artworks other than in accordance with your right to cancel under this clause. If you wish to exercise a right to reject the Artworks, you must notify us and return the Artworks to us.
9). Complaints
a). If you have any questions or complaints about the Artworks or our services please email us at hello@jprstitch.com
10). Anti Money Laundering
a). We may undertake anti-money laundering checks and due diligence for any Buyers purchasing any Artwork(s) of which the Total Cost is €10,000 or more.
b). To ensure that we fully comply with this, and to also ensure that your data is secure under GDPR, we use a specialist company called Art AML (www.artaml.com) to manage this process and to securely store all of your data and details.
c). If you are purchasing items with a total cost of over €10,000 please get in touch to discuss what information you will be required to provide
11). Our Liability
a). References to liability in this clause 12 include every kind of liability arising under or in connection with these Terms of Sale including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
b) No provision in these Terms of Sale shall be deemed to exclude or limit in any way the liability of either us or the Seller to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the negligence or us or the Seller, the liability of us or the Seller for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
c) Subject to clause 12 b) the total liability of us and the Seller to you in connection with the sale of an Artwork shall be limited to the total amount actually paid by you for the Artwork.
d) Subject to clause 12 b), under no circumstances will either us or the Seller be liable to you for: (i) any loss of profits, sales, business, or revenue; (ii) loss or corruption of data, information or software; (iii) loss of business opportunity; (iv) loss of anticipated savings; (v) loss of goodwill; or (vi) any indirect or consequential loss.
e) All Artworks, information and services made available through the site are provided on an “as is” and “as available” basis. Neither us or the Seller are responsible for the correctness of any statement of whatever kind concerning any listing, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any listing.
f) Neither us or the Seller give any representation or warranty or assume any liability of any kind whatsoever, express or implied, in connection with these Terms of Sale, the site, our services or any Artworks including with regard to provenance, description, size, non-infringement, medium, value, condition, restorations, exhibitions, rarity, historical relevance or attribution, except to the extent such representations and warranties cannot be excluded under applicable law, and no statement anywhere whether oral or writing shall be deemed to be such a representation or warranty.
g) The laws of some countries do not allow some or all of the disclaimers, limitations or exclusions described above. This is especially so if you are a consumer. If these laws apply to you, some or all of the above disclaimers, limitations or exclusions may not apply to you and you might have additional rights.
h) Neither us or the Seller are responsible for any loss caused by or resulting from confiscation of a shipment of purchased Artworks to any foreign country or state or risks of restricted transportation by any government or authority.
i) We shall have the right, but not the obligation, to cancel a sale without notice to the buyer if we reasonably believe that there is a material breach of the Seller’s representations and warranties, or completing the sale is or may be unlawful or that the sale puts us or the Seller under any liability to any third party or may damage our reputation. Upon notice of our election to cancel the sale, you will promptly return the Artworks to us, and we will then refund the total amount paid by you to us in respect of the sale (less any items listed in clause 8)., above. The refund shall constitute your sole remedy and recourse against us and the Seller with respect to such cancelled sale.
12). Personal Information
a). We will only use your personal information as set out in our Privacy Policy
1). Seller Warranties: Title and Authenticity
a) For each Seller Artwork, the Seller gives a warranty that the Seller:
i) is the owner of the Seller Artwork or a joint owner acting with the permission of the other co-owners or, if the Seller is not the owner or a joint owner, has the permission of the owner to sell the Seller Artwork, or the legal right to do so; and
ii) has the right to transfer ownership of and good title to the Seller Artwork to the buyer without any restrictions or claims by anyone else.
b) The Seller warrants, subject to the terms below, all artworks sold on this website are by Dr. Jack Roberts T/A JPR Stitch unless otherwise stated
13). Final Provisions
a) We amend these Terms of Sale from time to time. Every time you wish to use our site, please check these Terms of Sale to ensure you understand the terms that apply at that time.
b) We may transfer any of our rights and obligations under this agreement to another organisation. You may only transfer your rights or obligations under this agreement if we agree to this in writing.
c) Each of the paragraphs of these Terms of Sale operates separately. If any part of these Terms of Sale is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
d) If you breach these Terms of Sale and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale. The rights and remedies in these Terms of Sale are cumulative and are not exclusive of any rights or remedies provided by law.
d) This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
e) These Terms of Sale and their subject matter and formation (and any non-contractual disputes or claims) shall be governed by the laws of England and Wales. Any disputes relating to the Terms of Sale shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
f) Any disputes relating to these Terms of Sale shall be subject to the exclusive jurisdiction of the Courts of England and Wales.