Terms & Conditions
Who we are
We are Icon Art LLP, a limited liability partnership registered in England and Wales with company registration number OC317782. Our address is Malvern View Business Park, Stella Way Bishops Cleeve, Cheltenham, Gloucestershire, GL52 7DQ. If you want to speak to us you can call us on +44 (0)1242 679800, or you can email us at firstname.lastname@example.org. Our usual business hours are 8.30am to 5pm Monday to Friday, except bank holidays.
Information regarding our goods, and us, is available on our website. Whilst we do our best to make sure any information, including prices of goods, are correct and accurate, we do not guarantee this and reserve the right to change our website, the goods, their description, or their prices at any time.
These terms govern the contract between us, as the seller of the goods, and you as the buyer.
We don't give trade customers all the same rights as consumers
For example, trade customers can't cancel their orders, they have different rights where there is a problem with any goods supplied and we don't compensate them in the same way for losses caused by us or our goods. You are a trade customer if you are buying goods wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
Terms Applicable to Consumer Customers Only
The terms outlined in this section, together with those contained in the ‘Terms Applicable to All Customers’ section apply where you are purchasing goods from us as a consumer. If you are purchasing as a business, terms in the sections ‘Terms Applicable to Trade Customers Only’ and ‘Terms Applicable to All Customers’ will apply as between us.
We charge you when you place your order
We will process your payment when you place your order. You will own the goods once we have received payment for them in full.
We will arrange delivery of your goods to you
Further information about our delivery charges, and delivery methods, can be found on the delivery page of our website.
If you have bought online, by mail order, or over the telephone, you have a legal right to change your mind
Your legal right to change your mind. For most of our goods bought online, by mail order, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can't change your mind. You can't change your mind about an order for goods that are made to your specifications or are clearly personalised.
The deadline for changing your mind. If you change your mind about any goods you have ordered you must let us know no later than 14 days after the day we deliver your goods. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
How to let us know. To let us know you want to change your mind, contact Customer Service.
You have to return the goods at your own cost. If you are a consumer and are returning goods to us after cancelling your order, you have to return them to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can send the goods back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns please contact Customer Service.
We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time.
We reduce your refund if you have used or damaged the goods. If you handle the goods in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the goods’ condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the goods, no refund may be due.
When and how we refund you. If your goods haven't been delivered or we've agreed to collect them from you, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. If sending any unwanted goods back to us, we will refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We will refund you by the method you used for payment. We don't charge a fee for the refund.
You have rights if there is something wrong with your goods
Return the goods to us. If you think there is something wrong with your goods, you must contact our Customer Service Team who will be able to assist you and confirm what action needs to be taken.
Our returns process. Further information about our returns process can be found on our returns page.
Our liability to you. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the ‘We're not responsible for delays outside our control’ section.
- Avoidable. Something you could have avoided by taking reasonable action.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.
These terms are governed by English law. As a consumer you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.
Terms Applicable to Trade Customers Only
The terms outlined in this section, together with those contained in the ‘Terms Applicable to All Customers’ section apply where you are purchasing goods from us as a business. If you are purchasing as a consumer terms in the sections ‘Terms Applicable to Consumer Customers Only’ and ‘Terms Applicable to All Customers’ will apply as between us.
This is our entire agreement with you
Unless we have agreed specifically in writing, if you are a trade customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
We have a minimum order value
We have a minimum order value below which we will not supply. The current minimum order value will be clearly outlined on our website. If you place an order for goods below this minimum value then we will be entitled to reject your order and will have no liability to you for doing so.
We charge you when you place your order
If you are a trade customer we may have an agreement with you to charge you on credit terms. In all other cases we will process your payment when you place your order. You will own the goods once we have received payment for them in full.
Once an order has been accepted by us it cannot be cancelled
If you wish to cancel, or amend, an order that we have accepted then contact us. We do not have an obligation to accept any such request and, if we do accept it, we reserve the right to charge you an administrative fee for agreeing to any request.
We will deliver to you on the following terms
Time will be not be of the essence for delivery unless specifically agreed in writing by us. Any delivery dates quoted are estimates only and we shall have no liability to you for any delay in delivery, or if delivery is not made on a specific date, or at a specific time, requested by you.
If you fail to take delivery of an order or fail to give us adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to us, we may:
- store the goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
- sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for any excess we may achieve, or charge you for any shortfall.
You shall inspect the goods upon delivery and shall be deemed to have accepted the goods unless you inform us in writing within three days of delivery that the Goods are damaged or have been mis-shipped provided that where:
- the goods are damaged or of unsatisfactory quality, we shall credit your account to the value of the damaged or unsatisfactory goods;
- the goods have been short-shipped, we shall credit your account to the value equivalent to the difference between the value of goods invoiced and the value of goods actually shipped;
- the incorrect goods have been shipped, you shall return the incorrectly shipped goods to us, at our cost (usually by us sending to you a pre-paid return label), we shall credit your account to the value of the incorrectly shipped goods plus, if you have gone to the cost of returning the goods to us a reasonable amount to cover the cost of delivery back to us; or
- the goods have been over-shipped, you shall return the over-shipped goods to us (usually by us sending to you a pre-paid return label) and the we shall credit your account to the value of the over-shipped goods plus, if you have gone to the cost of returning the goods to us a reasonable amount to cover the cost of delivery back to us.
We both agree that the above shall be your sole remedy.
We reserve the right to inspect goods that you claim are damaged, of unsatisfactory quality or have been mis-shipped, or to ask for evidence to satisfy us of the same, and our decision as to the quality or quantity of goods shall be final.
No goods delivered by us to you which are in accordance with these terms and conditions shall be accepted for refund or return.
If you are a trade customer based outside of the UK, the following additional terms will apply to your delivery
You will be responsible for arranging for testing and inspection of the goods at our premises before shipment. We shall have no liability for any claim in respect of any defect in the goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit.
Unless otherwise agreed in writing by us, the goods shall be sold on an ex-works basis. This means it is your responsibility to arrange for their collection and delivery to you, and you are responsible for all export and import taxes and duties payable to get the goods to you.
We warrant that on delivery any goods shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Exceptions to the warranty
We will not be liable for any goods’ failure to comply with the trade customer warranty if:
- you make any further use of such goods after telling us they are non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
- the defect arises because we followed any drawing, design or specification supplied by you;
- you alter or repair the goods without our written consent; or
- the defect arises because of fair wear and tear, willful damage, negligence, or abnormal working conditions.
You have no set-off rights
All amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We reserve the right to increase prices
We reserves the right, on notifying you at any time before delivery, to increase the price of the goods to reflect any increase in the cost to us which is due to any factor beyond our reasonable control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the goods which is requested by you, or any delay caused by any instructions from or failure by you to give us adequate information or instructions.
Our liability to you
If you're a business, then, except in respect of the losses described in ‘Losses we never limit or exclude’ section:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for goods under such contract.
You irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
Terms Applicable to All Customers
The terms in this section apply to all customers, whether buying as a consumer or in the course of trade.
We only accept orders when we've checked them
We will contact you to confirm we've received your order and we accept it when we dispatch or supply the goods and confirm dispatch or supply to you.
Sometimes we reject orders
Sometimes we reject orders, for example, this may because the goods in the order are unexpectedly out of stock, because the goods were mispriced by us, or where you, as a trade customer, have placed an order for less than the minimum sales order value. When this happens, we let you know as soon as possible and refund any sums you have paid, if we have already taken payment.
We reserve the right to change the specifications of our goods
There may be situations where we need to make changes to the specification of some of the goods we sell, where any changes are required to conform with any applicable statutory or EU requirement.
Payment to be made in GBP
Unless otherwise agreed, or selected at checkout, payment shall be made to us in Great British Pounds.
We charge interest on late payments
If we're unable to collect any payment you owe, and we’ve delivered the goods you’ve ordered to you, we reserve the right to charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the goods in the order, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
We're not responsible for delays outside our control
If our supply of your goods is delayed by an event outside our control, such as us noticing any of the goods you have ordered is damaged, and there are no replacements in stock, or, there is a shortage of supply from our suppliers, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial (i.e. more than 1 month) you can contact us to end the contract and receive a refund for any goods you have paid for in advance, but not received.
Goods can vary slightly from their pictures
The goods’ true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
We own the intellectual property in our goods
Any intellectual property rights in any of the goods we sell to you belongs to us, or is licensed to us to enable us to sell it to you. By selling the goods to you we are not transferring any rights in the intellectual property in the goods to you, or anyone else.
By selling you any goods we are not giving you a license to the intellectual property in the goods, and should you make use of the goods for any other purpose for which they have been sold to you (for example, making copies or selling them on as artwork) we shall have no liability to you if such use infringes the rights of a third party.
We can suspend supply (and you have rights if we do)
We can suspend the supply of goods and we do this to:
- deal with technical problems or make minor technical changes;
- update the goods to reflect changes in relevant laws and regulatory requirements; or
- make changes to the goods.
We can end our contract with you
We can end our contract with you for the supply of goods and claim any compensation due to us if you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
We don't compensate you for all losses caused by us or our goods
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective goods under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
No implied terms about goods. We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice.
We can transfer our contract with you, so that a different organisation is responsible for supplying your goods. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this. We do not have to agree to any request to transfer the contract, and any decision to do so is at our sole discretion.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.