Updated 10th January 2020
Terms and conditions
Please read all these terms and conditions before purchase.
You the BUYER agree to abide by the TERMS AND CONDITIONS set out below and the BUYER LICENSING AGREEMENT for any ARTWORK/DESIGNS purchased.
If you fail to agree we cannot accept your order and make a legally enforceable agreement with you. If there is something you wish to clarify in these terms and conditions please don’t hesitate to contact us: firstname.lastname@example.org
- These Terms and Conditions will apply to the purchase of artwork/designs by you (the Buyer). We are THE SURFACE PATTERN MARKETPLACE LTD with email address: email@example.com; (the Supplier or Us or We).
- These are the terms on which we sell all our artwork/designs to you. By ordering any of the artwork/designs, you agree to be bound by these Terms and Conditions. By ordering any of our Services, you agree to be bound by these Terms and Conditions. You can only purchase the artwork/designs from our marketplace if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the buyers premises or other location where the artwork/designs are to be delivered, as set out in the Order; (Applicable when purchasing swatches or hard copy artwork and commissions for bespoke designs).
- P.N. We are a digital marketplace and all artwork/designs will be delivered by either immediate download or within 2 hours of purchase, sent by secure mail for download.
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods mean the artwork/designs advertised on the marketplace that we supply to you of the number and description as set out in the Order;
- Order means the buyers order for the artwork/designs from the designer as submitted following the step by step process set out on the marketplace;
- Website means our website www.thesurfacepatternmarketplace.com on which the artwork/designs are advertised.
- The description of the artwork/designs is as set out in the marketplace, catalogs, brochures or another form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and color of the artwork/designs supplied.P.N We are happy to supply Pantone colours with any artwork/designs.
- In the case of any artwork/designs made to your special requirements, such as a bespoke order it is your responsibility to ensure that any information or specification you provide is accurate.
- All artwork/designs which appear on the marketplace are subject to availability.
- We will make changes to the artwork/designs which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information and Registration
- When registering to use the surface pattern marketplace you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the artwork/ designs on our marketplace does not constitute a contractual offer to sell the Goods. When an order has been submitted on the marketplace, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the marketplace. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of the artwork/designs ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the digital delivery of any artwork/designs supplied under the Contract.
- Any quotation is valid for a maximum period of 1 day from its date unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Designs, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
- The price of the artwork/designs and any additional delivery or other charges is set out on the marketplace at the date of the Order or such other price as we may agree in writing.
- At present prices and charges do NOT include vat the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card via PAY PAL at the checkout of your order, immediate payment is required before the download of artwork/designs. For retail multiples, brands, manufacturers, and businesses payment terms can be arranged please email us for a copy of the terms. However, no artwork/designs will not be sent until payment is received.
- On payment, you will be able to download the artwork/design immediately or If the file is very large it will be sent to your secured email. within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 1 day after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the artwork/design on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the artwork/designs, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from canceling the Order for any artwork/designs or rejecting the artwork/designs that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such canceled or rejected artwork/designs. If the artwork/designs have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this. (applicable for bespoke orders/ commissions/ hard copy artwork/designs only).
- If any artwork/designs form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the artwork/designs or the character of the unit) you cannot cancel or reject the Order for some of those artwork/designs without also cancelling or rejecting the Order for the rest of them.
- We do allow purchases from Buyers outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands.
- If you or your nominee fail, through no fault of ours, to take delivery of the artwork/designs at the said download or delivery location, we may charge the reasonable costs of storing and redelivering them.
- The artwork/designs will become your responsibility from the completion of delivery.
- You must, if reasonably practicable, examine the artwork/designs on accepting them.
Risk and Title
- Risk of damage to, or loss of, any artwork/designs will pass to you when the artwork/designs are delivered to you.
- You do not own the artwork/designs until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the artwork/designs still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights set out below.
Your right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract to purchase artwork/designs within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the artwork/designs.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post/email – to firstname.lastname@example.org. In any event, you must be able to show clear evidence of when the cancellation was made.
- If you use this option, we will communicate to you an acknowledgment of receipt of such a cancellation in a Durable Medium (eg by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for artwork/designs Supplied
- We may make a deduction from the reimbursement for loss in value of any artwork/designs supplied, if the loss is the result of unnecessary handling by you (ie handling the artwork/designs beyond what is necessary to establish the nature, characteristics, and functioning of the artwork/designs: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the artwork/designs, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any artwork/designs supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the artwork/designs.
- If we have offered to collect the artwork/designs or if no artwork/designs were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have Downloaded artwork/designs after purchase they are not refundable.
- If you have received artwork/designs in connection with the Contract which you have canceled, you must send back the artwork/designs without delay, and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the artwork/designs before the period of 14 days has expired. You agree that you will have to bear the cost of returning the artwork/designs.
Conformity and Guarantee
We have a legal duty to supply the artwork/designs in conformity with the Contract, and will not conform if it does not meet the following obligation.
Upon delivery, the artwork/designs will:
- be of excellent, clear quality; high-resolution, layered, 300 DPI and the correct format requested – JPG/ TIFF/ AI / PSD.
- be fit for any particular purpose for which you buy the artwork/designs which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.
- With every artwork/design purchased we offer you the BUYER a guarantee that we will deliver the artwork/design purchased at the said time, and as ordered. If for some reason the design delivered is not as ordered please contact us on email@example.com with your design and order details, we aim to resolve any problems as quickly as possible. This guarantee will take effect at the time the artwork/designs have been delivered and downloaded, and will not reduce your legal rights.
We will provide the following after-sales service:
- The designer will readily support the buyer should there be any problems with the downloaded design.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing artwork to you.
- Where you supply Personal Data to us so we can provide artwork to you, and we Process that Personal Data in the course of providing the artwork to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact our data protection department at the following e-mail address: firstname.lastname@example.org.
The Designer does not exclude liability for:
- any fraudulent act or omission;
- for death or personal injury caused by negligence or breach of the surface pattern marketplace other legal obligations. Subject to this, the surface pattern marketplace Ltd is not liable for;
- the loss which was not reasonably foreseeable to both parties at the time when the Contract was made
- loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Designer believes the Buyer is not buying the Designs wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any complaints: Should you have a complaint please contact us in the first instance on email@example.com and we will try to resolve your complaint as quickly as possible.
We aim to follow these codes of conduct, by supplying the designers with written terms and conditions that they must agree to before uploading artwork/designs to our marketplace.
Designer Terms and Conditions – the Designer has access to these terms after registration and approval.
By Purchasing one of the following licensed artworks/designs you are agreeing to our Terms and Conditions.
Standard License £39.00
Extended License £65.00
Premium License £150 – £650.
If there is anything you are not sure about prior to purchasing artwork/designs from our Surface Pattern Marketplace please don’t hesitate to contact us:
Customer Services: + 44 (0) 1273 640699.
Head Office: Surface Pattern Marketplace Ltd, Gemini House, 136-140 Old Shoreham Road, Brighton, East Sussex BN3 7BD.
Copyright © Surface Pattern Marketplace Ltd. All Rights Reserved