Website Terms and Conditions
The term “Wishbone Publishing Ltd” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- 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 other than in accordance with the copyright notice, which forms part of these terms and conditions.
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 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).
You may not create a link to this website from another website or document without Wishbone Publishing Ltd prior written consent.
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.
Application and entire agreement
1. These terms and conditions will apply to the purchase of artwork, delivery of artwork and and all other services rendered by Wishbone Publishing Ltd (we or us) of Unit 8A, Kingsdale Business Centre, Regina Road, Chelmsford, CM1 1PE by the buyer (you) of the address as outlined in your invoice
2. These terms and conditions will be deemed to have been accepted either by acceptance in writing, by the signing of your first delivery note (sometimes referred to as ‘route sheet’) or by payment of your first invoice dictated by which is earlier and will constitute the entire agreement between us and you.
3. These terms and conditions and quotation/invoice (the contract of business) apply to the purchase and sale of goods (artwork) and all other appropriate fine art services (including but not limited to; delivery by us, delivery by our courier accounts, framing/mounting services, printing services, art consultancy)
4. A ‘business day’ means any day other than Saturday, Sunday or any bank holiday in England and Wales.
5. The headings in these terms and conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number include the plural and vice versa.
7. The description of the Goods (or fine art services) is set out in our sales documentation and invoicing, unless expressly and clearly changed in our quotation or quote. In accepting the quotation or placing the order direct, you acknowledge that you have not relied upon any statement, promise or other representation of the Goods by us. Description of the Goods as set out in our sales documentation/invoicing are intended for guide only and for assisting with expedient accounting.
8. We can make any changes to the specification of the Goods to confirm with any applicable safety, statutory or regulatory purpose.
9. The price of the goods is set out in our price lists available to all affiliated gallery accounts and/or outlined via our official releases emails and is correct upon order. These prices are agreed and set and shall not change before fulfilment of order. Galleries must only advertise the RRP (recommended retail price) as set by us publicly under all circumstances. Any deviations must be clearly listed as POA (price on application) in the interests of fairness.
10. Fine art services are agreed on an order by order basis. Quotation may be discussed via telephone or in person and we will endeavour to confirm this in email pre-invoice however this may not be the case in every instance.
11. If the cost of the Goods is to increase for any factor beyond our control for reasons including, but not exclusively limited to; material or labour costs, exchange rates or duties, delivery rate changes via external couriers, we reserve the right to increase pricing of goods or fine art services. Firm orders and commissions will be honoured at their original prices.
12. The cost of drop shipments on behalf of your gallery will be clearly visible on all invoicing
13. Unit pricing of Goods is listed not including VAT. All invoices will be including VAT and clearly invoiced as so.
Cancellation and Alteration
14. Details of the Goods as described in the clause above (Goods) and set out within our sales documentation are subject to alteration, including of their availability at any time and are not a contractual offer to sell the Goods at an unlimited rate contractually due to the limited-edition nature of artwork.
15. Quotations on commissioned artworks, bespoke pieces or any other non-standard orders are not quoted on an unlimited basis and pricing and lead times are agreed on a case by case basis with an agreed expiration of quotation.
16. Wishbone Publishing Ltd reserves the right to cancel any order at any time and return any deposits appropriate at our own discretion.
17. We will invoice for the Price of the Goods or fine art services on either
i) The day of delivery of artworks or ii) The attempted day of delivery of artworks should a failed delivery occur or iii) Upon collection of artworks (part or full fulfilment of order) or iv) Upon notification to gallery artwork is completed and ready to deliver, should deliver be unavailable to occur beyond 2 weeks of this notification, we will issue the invoice
18. Payments must be received and cleared within 30 days of delivery of Goods on all artworks, or within 7 days for original artworks, unless alternative credit terms are expressly agreed in writing beforehand.
19. Payments must have reached our account within the above credit terms outlined within the above clause to ensure invoices do not go overdue 20. If payment is not received within the period agreed above, we may suspend or cancel any further deliveries to you without limiting any of our other rights as outlined within these terms and conditions. 21. Affiliated accounts must pay all amounts due under these terms and conditions in full without any deduction or withholding and is not entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
22. We will arrange for the delivery of the Goods to the address specified in your invoices, unless otherwise notified within reasonable time.
23. Deliveries to gallery addresses are free of charge
24. Drop shipments of Goods are available via our own logistics team or through our accounts through national and international courier partners.
25. Subject to specific terms of any delivery service, couriered artworks will be delivered between 8am – 8pm, deliveries to galleries will be between 8am – 6pm unless otherwise notified and agreed by both parties.
26. Any dates quoted for delivery are approximate only. We will not be liable for any delay in delivery of the Goods that is caused by circumstances beyond our control.
27. Goods may be delivered in instalments from initial orders at our discretion or at your request, where appropriate. This would result in separate invoicing as each instalment is a separate contract. Any delay in delivery or defect in an instalment does not entitle you to cancel any other instalment unless mutually agreed.
Inspection and acceptance of Goods
28. You must inspect the Goods on delivery or collection.
29. Should you find any damages or find for any reason that your order is not as should be, please inform us within 48hrs of delivery, providing details and ideally photographs for us to ascertain whether replacement or repair (at our cost) is the appropriate next step.
30. We will be under no liability or further obligation in relation to the Goods if; a) If you fail to provide notice as set in the clause above and/or b) The defect arises because you did not follow our oral or written instructions on the storage, installation, hanging, use or maintenance of the goods and/or c) The defect arises from alteration (or misuse) of the Goods by you, your staff, your agents or third parties
31. We will be able to repair most Goods at a fee (no higher than the trade amount paid in Price) for damages caused by you to artworks during or after the clause time in clause 29.
32. Should damages occur via your own courier or handling or in gallery or at any trade show to the point that artwork is unable to be repaired and must be replaced, it is imperative that we destroy all prints to preserve the authenticity of the limited edition. No replacements are able to be made if the artwork is destroyed by you, a client or staff member of if not done and overseen by Wishbone Publishing.
33. The risk in the Goods will pass to you upon completion of delivery.
34. We can terminate the sale of Goods under the terms and conditions where; a) You commit a material breach of your obligations under these Terms and Conditions; b) You are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; c) You enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or d) You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager or administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in Para 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or a petition presented to any court for the winding up of your affairs or for granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.
Limitation of Liability
35. Our liability under these terms and conditions, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
36. Subject to the clause above ‘Inspection and acceptance of Goods’, all warranties, conditions or other terms implied by stature or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
37. Our total liability will not, under any circumstances, exceed the total amount of the Price payable by you.
38. We will not be liable (whether caused by our employees, agents or otherwise in connection with the Goods), for; a) Any indirect, special or consequential loss, damage, costs or expenses; and/or b) Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or good will; business interruption or third party claims and/or c) Any failure to perform any of our obligations if such a delay is reasonably out of our control d) Any losses caused directly or indirectly by any failure or breach of your obligations by you and/or e) Any loss relating to the choice of Goods and how they will meet your purpose or the use by you of the Goods provided.
39. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud and fraudulent misrepresentation.
Circumstances beyond the control of either party
40. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond their reasonable control. Such causes include, but are not limited to; power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other cause that is beyond the reasonable control of either party.
41. No waiver by us or any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
42. If one or more of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these terms and conditions, which will remain valid and enforceable.
Law and Jurisdiction
56. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including the non-contractual disputes or claim) shall be subject to the exclusive jurisdiction of the English and Welsh courts.