TERMS AND CONDITIONS

1. INTRODUCTION

1.1 This page (together with our Privacy Policy and Terms of Website Use which includes our Website Acceptable Use Policy “Terms of Website Use”) gives you information about us and the legal terms and conditions “Terms” on which we sell any of the products “Artworks” listed on our website “Site” to you.

1.2 These Terms will apply to any contract between us for the sale of Artworks to you “Contract”. Please read these Terms carefully and make sure you understand them before ordering any Artworks from our Site. Before placing an order, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Artworks from our Site.

1.3 We amend these Terms from time to time as set out in Clause 9. Every time you wish to order Artworks, please check these Terms to ensure that you are aware of and understand the Terms that apply at that time. These Terms were most recently updated on 7 July 2014.

1.4 These Terms, and any Contract between us, are only in the English language.

2. INFORMATION ABOUT US

2.1 We operate the website www.natsuladesigns.com . I am Natasha Sorelli trading under the name Natsula Designs. Our main trading address is 15 Great Barrington, Burford OX18 4US

2.2 Contacting us if you are a consumer

1. To cancel a Contract in accordance with your legal right to do so (see clause 10), you just need to let us know within the cancellation period set out in clause 10, that you have decided to cancel. The easiest way to do this is to complete the Cancellation Form on our site. A link to the website cancellation form will be included in our Order Confirmation to you. If you use this method, we will email you to confirm that we have received your cancellation.

You can also email us at hello@natsuladesigns.com or write to us by post at 15 Great Barrington, Burford OX18 4US. If you are emailing us or writing to us, please include details of your order to help us identify it. If you send us a cancellation notice by email or by post, then your cancellation is effective from the date you send the email to us or post the letter to us. If you send a cancellation notice by post, you should retain some proof of postage so there is no doubt over the date on which you sent us your cancellation.

1. If you wish to contact us for any other reason, including if you have any complaint, you can contact us by emailing us at hello@natsuladesigns.com
2. If we need to contact you or give you notice in writing, we will do so by email or pre-paid post to the address you provide to us in your order.

2.3 Contacting us if you are a business

You can contact us by emailing us at hello@natsuladesigns.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see Clause 18.3.

3. OUR ARTWORKS

3.1 The images of the Artworks on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colours of the Artworks. Your Artworks may vary slightly from those images.

3.2 Although we have made every effort to be as accurate as possible, because the collage Artworks are individual, handmade pieces, there may be some variation in the colour, placement and size of the components comprising the image. All sizes and measurements are approximate. If you are in any way dissatisfied with your order, the returns policy applies.

3.3 The packaging of the Artworks may vary from any shown on our Site.

4 COPYRIGHT

Natsula Designs is the owner of all intellectual property rights on this Site, in the material published on it and in all of the Artworks that appear on it. The Artworks are protected by copyright laws and treaties around the world. All such rights are reserved. It is a breach of copyright to copy, download, re-produce, or distribute any of the content of this site, without a licence agreement or without the prior written authorisation of Natasha Sorelli.

5. USE OF OUR SITE

Your use of our Site is governed by our Terms of Website Use (including our Website Acceptable Use Policy). Please take the time to read these, as they include important terms that apply to you.

6. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with the Privacy Policy. Please take the time to read the policy as it contains important terms which apply to you.

7. CONDITIONS GOVERNING MAKING PURCHASES FROM OUR SITE

7.1 If you are a consumer, you may only purchase Artworks from our site if you are at least 18 years of age.

7.2 If you are not a consumer

1. you confirm that you have the authority to bind any business on whose behalf you use our site to purchase Artworks.
2. these Terms and any documents expressly referred to in them constitute the entire agreement between you and us and supercede and extinguish all previous agreements, promises, assurances, representations, warranties and understandings between us, whether written or oral, relating to their subject matter;
3. you acknowledge that in entering into this Contract you do not rely on any statement, assurance, representation or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them; and
4. you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

8.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take time to read and check your order at each stage of the order process.

8.2 Please note that in placing an order, you are assuming a legal obligation to pay for the Artwork you have ordered.

8.3 After you place an order, you will receive an email from us acknowledging receipt of your order. Unless the email states otherwise, this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.

8.4 We will confirm our acceptance to you by sending you a further email that confirms your order has been accepted “Order Confirmation”. The Contract between us will only be formed when we send you the Order Confirmation.

8.5 If we are unable to supply you with the Artwork you have ordered, for example, because that Artwork is no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site (see clause 13.5), we will inform you by email and we will not process your order. If you have already paid for the Artwork, we will refund you the full amount as soon as possible.

9. OUR RIGHT TO VARY THESE TERMS

9.1 We amend these Terms from time to time. Please check the top of this page to see when these Terms were last updated.

9.2 Every time you order an Artwork from us, the Terms in force at the time of your order will apply to the Contract between you and us.

9.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

1. changes in law or regulatory requirements; or
2. changes in our operating or business practices

9.4 If we have to revise these Terms as they relate to your order, we will contact you to give you reasonable advance notice of the changes and to tell you how to cancel your order if you are unhappy with the changes. If you opt to cancel, we will arrange a full refund of any price you have already paid for an Artwork affected by the revised Terms.

10. YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND

This Clause 10 only applies if you are a consumer

10.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out in Clause 10.3. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep an Artwork, you can notify us of your decision to cancel the Contract and receive a refund. You can obtain advice about your legal right to cancel the Contract from your local Citizen’s Advice Bureau or Trading Standards Office.

10.2 Your right to cancel the Contract does not apply to any Artwork which you have specifically commissioned or which you have asked to be supplied in a different size, shape, colour, design or frame than that shown on our Site.

10.3 Your right to cancel a Contract starts from the date of the Order Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is set our in the table below:

Nature of Contract	End of Cancellation Period
Contract for purchase of a single Artwork	The deadline for cancellation is the end of 14 days after the day on which you received the Artwork. Example: If we provide you with the Order Confirmation on 1st January and you receive the Artwork on 10th January, you may cancel at any time between 1st January and the end of 24th January.
Contract for the purchase of multiple Artworks	The deadline for cancellation is 14 days after the day on which you receive the last of the Artworks you ordered. Example: If we provide you with an Order Confirmation on 1st January and you receive the first of the Artworks you ordered on 10th January and the last of the ordered Artworks on 15th January, you can cancel in respect of all of the Artworks or any of the individual Artworks at any time between 1st January and the end of 29th January.

10.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our site and forward a copy to us. A link to the cancellation form will be included in our Order of Confirmation. If you use this method, we will email you confirmation of receipt of your cancellation.

You can also email us at hello@natsuladesigns.com or write to us by post at 15 Great Barrington, Burford OX18 4US to cancel your order. If you do so, please include details of your order to help us identify it. If you send us a cancellation notice by email or by post, your cancellation is effective from the date you send the email to us or post the letter to us. If you send the notice by post, you should retain some proof of postage so there is no doubt over the date on which you sent us your cancellation.

10.5 If you cancel your contract, we will:

1. refund the price you paid for the Artwork. Please note, however, we are permitted by law to reduce your refund to reflect any reduction in the value of the Artwork if this has been caused by your handling of it or by your failure adequately to package it when returning it to us. For example, if the Artwork has become marked or damaged or altered (in relation to its content or dimensions) in any way.
2. refund any delivery costs you have paid to us, although as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery by post at one cost, but you choose to have the Artwork delivered to you by courier, then we will only refund what you would have paid for the cheaper delivery option.
3. make any refunds due to you as soon as possible and in any event within the deadlines described below:
4. if you have already received the Artwork – 14 days after the date on which we receive the Artwork back from you or, if earlier, the day on which you provide us with evidence that you have sent the Artwork back to us. For information on how to return an Artwork, see Clause 10.8; or
5. if you have not yet received the Artwork – 14 days after you tell us of your decision to cancel the Contract

10.6 If you have returned the Artwork to us because it is faulty or misdescribed, we will (unless you would prefer to receive a replacement work (see Clause 11.10)) refund the price of the Artwork in full together with any applicable delivery charges you paid, and any reasonable costs you incur in returning the Artwork to us.

10.7 We will refund you via PayPal on the credit card or debit card you used to pay for the Artwork or direct to your credit card or debit card if you did not use PayPal. If you used vouchers issued by us or a credit note to pay for the Artwork, we may refund you by vouchers or a credit note.

10.8 If an Artwork has been delivered to you before you decide to cancel the Contract:

1. you must return it to us without any undue delay and in any event not later than 14 days after the date on which you told us you wished to cancel the Contract.
2. you must return the Artwork to us with sufficient protective packaging to ensure (so far as possible) that it reaches us in an undamaged condition. The return address is:

15 Great Barrington, Burford OX18 4US

1. unless the Artwork is faulty or not as described, you will be responsible for the cost of returning it to us.

10.9 If you are a consumer, we are under a legal duty to supply products that are in conformity with this Contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right to return and refund in this Clause 10 or anything else in these Terms. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards Office.

11. DELIVERY

11.1 We will contact you with an estimated delivery date which, within the UK, will normally be within 40 days after the date of the Order Confirmation (see Clause 8.4)

11.2 Unless we agree a separate method of delivery, we will deliver your Artwork to you by post.

11.3 Occasionally, our delivery to you may be affected by an Event Outside Our Control (see Clause 17).

11.4 If no-one is available at your address to take delivery of your Artwork, the delivery service will attempt to redeliver it to you. However, it is open to you to contact the delivery service on the details it provides to arrange delivery at a time more convenient to you.

11.5 Delivery of your order is completed when the Artwork is delivered to the address you gave us or you (or a courier organised by you) collect them from us and the Artworks will be your responsibility from that time.

11.6 You own the Artwork once we have received payment in full and you have received an Order Confirmation, including any applicable delivery charges.

11.7 If we miss the 40 day delivery deadline for any Artwork, then you can cancel your order immediately, if any of the following apply:

1. we have refused to deliver the Artwork;
2. delivery within the delivery deadline was essential (taking into account all relevant circumstances); or
3. you told us before we accepted your order that delivery within the deadline was essential.

11.8 If you do not wish immediately to cancel your order, or you do not have the right to do so under Clause 11.7, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

11.9 If you choose to cancel your order under Clause 11.7 or Clause 11.8, you can do so for just one Artwork or all of them (in the case of a multiple Artwork order). If the Artworks have been delivered to you, you must return them to us undamaged and in a resaleable condition and we will pay the reasonable costs of this. After you cancel your order, we will refund any sums you have paid us for the cancelled Artworks and their delivery to you, if any. The address for the return of the Artworks is 15 Great Barrington, Burford OX18 4US.

11.10 Should an Artwork arrive damaged, please inform Snail and a hat within 3 days of delivery. We will be pleased to provide you with a replacement. If you wish to receive a replacement Artwork, we will ask you to return the damaged Artwork to us by post to 15 Great Barrington, Burford OX18 4US. We will expect you to return the damaged piece to us in suitable packaging to ensure (as far as possible) its protection. We will reimburse you the reasonable postage costs to you. Please ensure you retain proof of postage. Once we have received the damaged Artwork, a replacement will (subject to Clause 11.12) be sent to you at no extra cost. You will, however, only be entitled to receive a replacement work if you have informed us of the damage within the period detailed above.

11.11 Your right under Clause 11.10 is without prejudice to your right to cancel this Contract under Clause 10

11.12 Each paper Artwork (Collage) is handmade and unique. Whilst every effort will be made to provide you with a replacement Artwork which is as similar as possible to the damaged piece, the individual nature of the replacement Artwork may mean that there are some variations in colour, size, placement of the cut outs and design from the Artwork originally sent to you.

12. INTERNATIONAL DELIVERY

12.1 We do not normally arrange international delivery. If you would like something sent to an international destination please contact us at hello@natsuladesigns.com and we will be happy to discuss options with you. If you do ask us to arrange international delivery, there will be additional charges. We will give you an estimate of costs at the time, together with the anticipated delivery date.

12.2 If Artworks are ordered from our site for delivery to any international destinations, orders may be subject to import duties, taxes or charges. Please note that any such duties, taxes or charges are not within our control and we have no knowledge of the level or amount of any such duties, taxes or charges nor any responsibility for the same. You are responsible for payment of all such duties, taxes and charges.

12.3 You must comply with all the applicable laws and regulations of the country for which the Artworks are destined. Natsula Designs accepts no liability or responsibility if you break any such law.

13 PRICE OF ARTWORKS AND DELIVERY CHARGES

13.1 The prices of the Artworks will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Artworks are correct at the time when the relevant information was entered on to the system. Please see Clause 13.5 for what happens if we discover an error in the price of the Artwork you ordered.

13.2 Prices for our Artworks may change from time to time, but changes will not affect any order you have already placed.

13.3 The price of an Artwork includes VAT (where applicable) at the applicable current rate chargeable in the UK. If the rate of VAT changes between the date of your order and the date of delivery, we reserve the right to adjust the amount of any VAT you pay, unless you have already paid for the Artworks in full before the change in VAT takes effect.

13.4 The price of an Artwork includes the cost of delivery within the UK by standard post. It does not include the cost of any international delivery. If you wish for the Artwork to be delivered to you by alternative or quicker means, please let us know and we will try to accommodate your request, although there may be an additional charge for this.

13.5 It is possible that despite our reasonable efforts, some of the Artworks on our Site may be incorrectly priced. If we discover an error in the price of the Artworks you have ordered, we will contact you to inform you of the error and give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions.

13.6 If we are unable to contact you using the contact details you provided to us during the order process, we will treat the order as cancelled and notify you in writing.

13.7 Please note that if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we do not have to provide the Artwork to you at the incorrect (lower) price.

14. HOW TO PAY

14.1 You can pay for Artworks by PayPal, debit card or credit card. We do not accept payment by American Express.

14.2 Payment for the Artwork and any applicable delivery charges is in advance.

15. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 15 only applies if you are a business customer.

15.1 We only supply the Artworks for internal use by your business. You agree not to use the Artworks for any resale purposes.

15.2 Nothing in these Terms limits or excludes our liability for:

1. death or personal injury caused by our negligence;

1. fraud or fraudulent misrepresentation;

1. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

1. defective products under the Consumer Protection Act 1987

15.3 Subject to Clause 15.2, we will under no circumstances whatever be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

1. any loss of profits, sales, business or revenues;

1. loss or corruption of data, information or software;

1. loss of anticipated savings;

1. loss of goodwill; or

1. any indirect or consequential loss.

15.4 Subject to Clause 15.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 25% of the price of the Artwork you purchased.

15.5 Except as expressly stated in these Terms, we do not give any representation, warranty or undertaking in relation to the Artworks. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Artworks are suitable for your purposes.

16. OUR LIABILITY IF YOU ARE A CONSUMER

16.1 If we fail to comply with these Terms, we are responsible for any reasonably foreseeable loss or damage you suffer as a result of our breach of the Terms, but we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is reasonably foreseeable if it is an obvious consequence of our breach of these Terms, or if it was contemplated by you and us when we entered into this Contract.

16.2 We supply the Artworks for your domestic and private use only. You agree not to use any Artwork for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

16.3 We do not in any way exclude or limit our liability for

1. death or personal injury caused by our negligence;

1. fraud or fraudulent misrepresentation;

1. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

1. any breach of the terms implied by sections 13-15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

1987. defective products under the Consumer Protection Act 1987.

16.4 You are responsible for the proper care of your Artworks. The nature of the papers used in their production means they are easily susceptible to damage. It is your responsibility to carefully remove the Artwork from its packaging without damaging it.

16.5 We recommend that you use and store your artworks in an environment with a humidity between 35 and 65% and a temperature between 10 and 30 degrees C (50-86 degrees F). Do not hang them in direct sunlight.

16.6 You should handle the Artworks with care, as the surfaces are susceptible to abrasion. If you are storing any Artwork prior to displaying it, you should store it only in suitable archive quality folders, envelopes or boxes. Archive grade tapes and glues should be used for mounting and/or framing any of our Artworks.

16.7 All recommendations are for guidance only and the consistency of results is not guaranteed.

16.8 We have no liability for any defect in any Artwork which is attributable to any failure by you adequately to care for the Artwork.

17. EVENTS OUTSIDE OUR CONTROL

17.1 We will not be liable for any failure to perform, or delay in performance of , any of our obligations under a Contract or these Terms that is caused by an Event Outside Our Control.

17.2 An Event Outside Our Control means any act or event beyond our reasonable control including without limitation strikes or industrial action by third parties; the occurrence or threat of civil commotion, riot, invasion, terrorism or war; fire, explosion, storm, earthquakes, subsidence, epidemic or other natural disasters; failure of public or private telecommunications or information networks, insolvency/threatened insolvency or cessation of trading of any of our suppliers or contractors or agents; the non-performance of any contractor or agent which is not attributable to any breach of ours; or any reduction in the availability of materials used in the production of the Artworks.

17.3 If an Event Outside Our Control occurs that affects the performance of our obligations under a Contract:

1. we will notify you as soon as reasonably possible; and

1. our obligations to you under a Contract will be suspended and the time for the performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17.4 You may cancel a Contract affected by an Event Outside Our Control which has lasted for more than 45 days. To cancel, please contact us in the manner described in Clause 2. If you opt to cancel, you will have to return any Artwork you have already received and we will refund the price you have paid.

18. COMMUNICATIONS BETWEEN US

18.1 When we refer, in these Terms, to “in writing” this includes email.

18.2 If you are a consumer, you can contact us as described in Clause 2.

18.3 If you are a business:

1. any notice or other communication given by you to us, or by us to you, under or in connection with a Contract shall be in writing and shall be sent by pre-paid first class post or other next working day delivery service (“Post or other Delivery”) or by email.

1. A notice or other communication shall be deemed to have been received

1. if sent by Post or other Delivery at noon on the second working day after posting; or

1. If sent by email, one working day after transmission.

1. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post or given to the relevant other delivery service and, in the case of email, that such email was sent to the specified email address of the addressee.

1. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

19. OTHER IMPORTANT TERMS

19.1 We may transfer our rights and obligations under a Contract to another person or organisation. If we do so, this will not affect your rights under these Terms. We will notify you by posting on this web page if this happens.

19.2 You may only transfer your rights or obligations under these Terms, to another person if we expressly agree in writing.

19.3 This Contract is between you and us. No other person will have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

19.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

19.5 If we fail to insist that you perform any of obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you nor does it mean that you will not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that does not mean that we will automatically waive any other or later default by you.

19.6 If you are a consumer, please note that these Terms are governed by English Law. This means a Contract for the purchase of Artworks through our Site and any dispute or claim arising out of or in connection with it will be governed by English Law. We both agree that the courts of England and Wales have non-exclusive jurisdiction.

19.7 If you are a business:

1. a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

1. we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non contractual disputes or claims).

20. COMPLAINTS

Whilst we will do all we can to provide you with an excellent service, sometimes things go wrong. If you have a complaint about any aspect of our service or the Artworks you have received, please email us at hello@natsuladesigns.com and we will do all we reasonably can to deal with any legitimate complaint.