Terms and Conditions
These terms and conditions (the “Terms and Conditions”) govern the use of www.johnmerrigan.com (the “Site”). This Site is owned and operated by John William Merrigan. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of John William Merrigan and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Giclee printed artwork sold unmounted.
We are under a legal duty to supply goods that match the description of the good(s) you order on our Site.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
- PayPal; and
- Bank Transfer (BACS) by arrangement
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through the following method:
- Standard delivery by Royal Mail. Printing and delivery takes 15 working days.
Delivery times may vary due to unforeseen circumstances. We cannot be held liable for any deliveries that are delayed because of unforeseen circumstances, circumstances beyond our control, or issues with Royal Mail. Please note that delivery times do not include weekends and bank holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Right to Cancel and Receive Reimbursement
If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period:
- Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;
- Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
- Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.
To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at john@johnmerrigan.com or by post at 12 St Mary’s Road, East Molesey, Surrey, KT8 0ST. You may use the cancellation request template, found at the end of these Terms and Conditions, but you are not required to do so.
The right to cancel does not apply beyond the 14 day period specific above. We can only accept and reimburse cancellations if the goods ordered have either:
- Not yet been posted to you; or
- Are returned to us damaged or defaced in any way
Effects of Cancellation
If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.
Please note that when you place an order with us, we produce your giclee print on a bespoke, order by order basis. Therefore, if you cancel your order after the giclee printing process has been initiated, any costs associated with that service, as well as any postage costs incurred, will be deducted from your reimbursement of payment.
We will not issue any refund unless and until any goods already posted out have been returned to us in line the with the conditions above.
If you cancel your contract with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery that we offer. Please note that we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.
We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any fees because of the reimbursement.
This right to cancel and to reimbursement is not affected by any return or refund policy we may have.
Refunds
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Your have received an incorrectly fulfilled order
- Your order has arrived damaged (we will require photographic evidence and details of the damage)
Refunds do not apply to the following goods:
- Sale items or items that are not damaged or broken.
Due to the nature of our business, we are not able to issue refunds on orders if you change your mind. However, we are always happy to consider individual and reasonable requests so in this instance please contact john@johnmerrigan.com to discuss your situation and we will do our best to assist.
Returns
Returns can be made by mail. To return a picture by mail, use the following procedure:
Pack your picture in the protective packaging it arrived in, or equivalent protective packaging. Post by recorded delivery to 12 St Marys Road, East Molesey, Surrey, KT8 0ST. Please remember to obtain a receipt and tracking number for your parcel and keep these until your return has been completed.
Consumer Protection Law
Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
John William Merrigan and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless John William Merrigan and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Country of England.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
12 St Mary’s Road, East Molesey, Surrey, KT8 0ST
You can also contact us through the feedback form available on our Site.
Effective Date: 20th day of August, 2021
Cancellation Request
If you wish to cancel your contract of sale with us, please email or post notification of your request to the email or postal address below.
Email: john@johnmerrigan.com
Address: 12 St Mary’s Road, East Molesey, Surrey, KT8 0ST
Your cancellation request must contain the following information:
- The date on which you are issuing the request
- Your order or transaction reference
- The date of your order
- The date on which you received your order
- Your full name
- Your postal address
- Your email address
- Your telephone number (in case we need to contact you with any queries regarding your order)
- The item you wish to cancel or return
- The reason for your cancellation or return
- If the item is damaged, please send photographs of the damage with this request