All products, designs & images shown are © 2006-2016 Stuart Fellowes All Rights Reserved
PROUDLY MADE IN SCOTLAND
1.0 Longline Studio is the trading name of Stuart Fellowes. The content of the pages of the website (www.longlinestudio.co.uk), all emails and online newsletters, inclusive of all printed publications, articles, brochures and catalogues is for your general information and purchasing use only. Information is subject to change without notice.
1.1 These terms and conditions may be copied or downloaded and stored electronically or be printed and stored for your records
1.2 Nothing in these Terms and Conditions excludes any statutory rights which cannot be excluded, restricted or modified by these terms & conditions.
1.6 If any provision of the Terms shall be found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable then that provision shall be deemed to be delete from the Terms and shall not affect the validity and enforceability of any remaining provisions.
1.7 These Terms are effective until any contract or agreement is terminated by either the Seller or the Buyer who may do so at any time, subject to title, risk and payment issues being settled first. All provisions of the Terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of these Terms.
2.0 These Terms and conditions of trading and any contractual or non-contractual dispute arising are governed by the law, and subject to the jurisdiction of the courts of Scotland The Seller and Buyer accept the jurisdiction and judgements of the Scottish Courts.
4.4 In the case where an order is cancelled and The Product is returned in a damaged state, the Product will still be accepted but will be liable to a charge at Longline Studio’s discretion to cover the costs of returning the item back to a standard saleable state. This charge will be deducted from monies to be Refunded to the Buyer. In the event that a damaged Product is not repairable, then no refund will be given. It is in Buyers interest to ensure that Products to be returned are insured against loss or damage.
7.0 A private or non trade Buyer shall make payment to the Seller, in the manner specified by the Seller, relating to the Goods and in the currency stated in the Seller’s quotation or offer of sale, in full and without any deduction, before goods are dispatched. Under no circumstances will goods be dispatched prior to full payment being received and cleared.
7.1 Trade or commercial Buyers may apply for a trade account which will entitle the Buyer to pay invoiced sales up to 30 calendar days after delivery. All account applications will be subject to a credit check and references from the Buyers bank and trade references before acceptance by the Seller.
7.2 Trade Buyers and account holders will be issued with an invoice contained in the order upon delivery. Standard trade payment terms of 30 calendar days from the invoice date will apply.
7.3 The time of payment for all sums due from the Buyer to the Seller shall be of the essence. Any late payment by the Buyer shall entitle the Seller to begin procedures and legal process to recover monies owed.
7.4 In accordance with UK late payment legislation, The Seller Will charge ‘statutory interest’ of 8% plus the Bank of England base rate for business to business transactions per month until full settlement is received. In addition the Seller may charge a fixed sum for the cost of recovering a late commercial payment on top of claiming interest from it. This fee is as follows: On transactions up to £999.99 will be £40 and transactions £1000 - £9999.99 will be £70.
7.5 In addition to the fees and interest stated in 7.4, The Seller will charge and the Buyer will be liable for all legal fees and Sheriffs Officers / Bailiffs fees that are incurred in the collection of the debt, should the debt be pursued through the courts.
7.6 All online payments are collected via the service provider PayPal. (www.paypal.com). Transactions are through their secure web server. The seller does not see nor collect any credit or debit card information whatsoever.
8 Property and Risk
8.0 From the time of the delivery to the Buyer the Products shall be at the risk of the Buyer. The Buyer shall then be solely responsible for their custody, maintenance and insurance.
8.1 The Products shall remain the Seller's property until the Seller has received payment in full for the Products. In the case of a retail buyer, all products shall remain the titular property of the seller during the invoice terms period and until the invoice has been paid in full.
8.2 Until the sale by the Buyer of the Products as aforesaid the Buyer shall hold the Products in trust and keep them separate and identifiable from all other goods in the Buyer's possession. For the avoidance of doubt the Products supplied to the Buyer by the Seller at any time shall be deemed to belong to the Seller unless the Buyer can prove otherwise.
8.3 In the event of the sale of the Products by the Buyer before payment is made to the Seller or in any other event whereby title to the Products passes from the Seller, the Buyer shall account to the Seller in respect of the proceeds of sale received by the Buyer and shall hold such proceeds in trust for the Seller and shall be paid to the Seller according to the terms of the invoice.
8.4 Until title to the Products passes to the Buyer the Buyer shall, if the Seller so requests, deliver up or allow collection of the Products to the Seller on demand. If the Buyer fails to do so the Seller shall be entitled to enter upon any premises of the Buyer or any third party where the Products are stored and repossess them. The Buyer shall ensure that any third party which holds them shall permit the Seller to take possession of them. Unless the Seller expressly elects otherwise any contract between the Seller and the Buyer for the supply of the Products shall remain in existence and enforceable.
8.5 It is the Buyers responsibility to ensure that the Products are suitable for the use the Buyers intends and they meet specific usage, mounting and display specifications.
9.1 The Seller shall replace any of the Goods which are defective provided:The defect is proved to the Seller’s reasonable satisfaction to be due to bad workmanship or materials or to negligence on the part of the Seller and the Seller is advised of the alleged fault as soon as possible and in any event within seven calendar days of the Products in question having been received by the Buyer; and the Products alleged to be defective are adequately packed to prevent damage and are returned to the Seller in accordance with the Seller’s instructions.
9.2 If any of the Products shall prove to be defective such defects shall not entitle the Buyer to refuse delivery of, or payment for, the remainder of the Goods.
9.3 The Seller shall have no liability to the Buyer in respect of damage to Products whose outside shipping packaging is damaged on receipt by the Buyer or as a result of such damage, less than the number of Products indicated on the delivery note are actually received by the Buyer unless the Buyer notifies the Seller of such damage or short delivery in writing received by the Seller within three calendar days of receipt of the Products or invoice as appropriate.
9.4 The Seller’s total liability for any indirect, direct or consequential damages, howsoever arising, (including, but not limited to, loss of anticipated profits) in connection with, or arising out of, the furnishing, functioning or use of the Products or service supplied by the Seller shall be limited to the purchase price of the Products and the Seller shall not be liable for any damages except as provided in these Conditions.
9.5 The Seller warrants that The Products are intended for and suitable to use as static, ornamental artworks and display items only. There are no warranties, conditions, guarantees or representations as to suitability or fitness of the Products for any other use or purpose whatsoever.
9.6 Use and display of the Products are entirely at the risk of the Buyer and any subsequent Purchaser. It is the responsibility of The Buyer to ensure and warrant that the Product is mounted and displayed in a safe and secure manner. The Seller can be consulted by any party for advice on mounting and display issues.
10.1 The Seller shall endeavour to ensure that descriptions and specifications which it provides are correct when given, but reserves the right to alter such specifications and descriptions without notice.
10.2 If a sample of the Products has been exhibited to and Inspected by the Buyer then such sample was exhibited and inspected solely to enable the Buyer to judge the quality and standard of the bulk of the Products end not so as to constitute a sale by sample. Due to the nature of Artistry and hand production there will always be minor deviations from one Product to another.
10.3 The Seller shall have no liability in respect of any deviations from any description or specification of the Goods and any such deviation shall not be a ground for refusal to accept delivery or cancellation of any contract or order for the Products.
10.4 The Buyer shall be responsible for ensuring that the quantity and description of the Products on the Seller’s Order Acknowledgement corresponds with the Products that the Buyer wishes to be supplied with and the Seller shall not be responsible for any wrong delivery of Products which results from any misdescription on the Order Acknowledgement
10.5 The weights, dimensions and capacities given are approximate only.
11.0 Where The Buyer is a retail entity, The Buyer shall sell as principal only.
11.1 Where the Buyer is a retailer the Buyer shall market the Goods so as to maintain the high quality public image and reputation of the Goods and shall operate high standards of shopfitting and display in respect of the Goods.
11.2 The Seller reserves the right to cease supplying a Buyer who displays or markets the Products in any way deemed by the Seller as negative or detrimental to the name or brand.
11.3 All catalogues, literature, advertisements and other promotional copy used by the Buyer in its resale of the Goods which incorporate references to the Seller, or its trade marks must be submitted to the Seller for written approval prior to printing, use or publication by or on behalf of the Buyer.
12 Licences, Consents and Confidentiality
12.0 If any licence or consent of any nature whatsoever is required by the Buyer for the acquisition, carriage or use of the Goods then the Buyer shall obtain the same at its own expense. Failure to do so shall not entitle the Buyer to withhold or delay any payment due to the Seller nor shall it entitle the Buyer to cancel any contract or order for the Goods.
12.1 All designs, specifications, drawings, documents, information and know-how disclosed by the Seller to the Buyer shall be treated by the Buyer as confidential. The Buyer shall not disclose deal with or use such information except as authorised by the Seller. The Buyer shall indemnify the Seller against any loss or damage including costs and expenses arising as a result of any breach by the Buyer of the provisions of this sub clause.
13 Commission Work
13.0 The offer of commission production and work is in addition to the core manufacturing and production elements of The Sellers business. Priority is given to the core production work.
13.1 Timescale for the production of commission work will be dependant on the complexity of the commission and the available time with regard to the business core production work.
13.2 A full assessment of any commission work requested will be required before a quotation is given. It is generally assumed that The Buyer will provide, at their own expense and liability, adequate information including pictures, plans and photographs to enable the commission to be undertaken. If required information is not provided or is subsequently required to fulfil the commission then The Seller may postpone work on the commission until the Buyer is able to provide further information. Any resulting negative impact on contracted or estimated timescales will be at The Buyers risk.
13.3 All aspects of commission work are fully negotiable. Due to the variable nature of creating bespoke artistic works, a full set of terms and conditions, specific to each commission will be set out by The Seller and form the basis of the commission contract.
13.4 Copyrights and intellectual property rights for The Product created under a commission contract, will remain the property of The Seller. Except where The Product is a representation of a copyright design owned or licenced by The Buyer, in which case only the material work by The Seller will be under the copyright ownership of The Seller. The Seller may offer to sell full copyright to The Buyer for a negotiable fee that is based on the value of the commission and the specified use of The Product.
13.5 The Seller exerts his right to be identified and credited as the creator (and where appropriate, the designer) of The Product in perpetuity, regardless of the copyright status and subsequent sales to third parties. The Seller reserves the right to apply a discrete “makers mark” or signature to The Product, which must not be removed.
13.6 A negotiable deposit to cover the costs of materials will be payable before commissioned work commences. This deposit will be non returnable in the event of cancellation of the commission by The Buyer.
13.6 The Buyer has the right to rejection or cancellation of a commission at any stage. Where The Buyer cancels the commission, The Seller is entitled to charge the following rejection fees, which are accepted as industry standard. 33% of the full quotation if the work is cancelled at the rough stage. 50% of the quotation if the The Product is at the intermediate stage. 75% if The Product is at the advanced stage. 100% if The Product is complete or is cancelled on delivery. The definitions of the production stages will be detailed in the commissions bespoke terms and conditions. The Buyer will be responsible for the collection of the commission work within 7 days of cancellation. Late collection will result In The Seller charging a storage fee of £10 per day.
13.7 The Seller has the right to cancel the commission at any time and for any reason. In this case, a full refund of all deposits and fees paid will be made promptly and in any event within 30 days. The Seller will not be liable for any losses of any kind The Buyer may incur due to the cancellation of the commission by The Seller.
14 Data Protection
14.0 Personal Information about the Buyer, expressly: name, title, address and email address will be retained by the Seller to update and develop the Seller’s records, to enable the Seller to administer the Buyer’s account and for assessment and analysis. The Seller may also inform, from time to time by e-mail about relevant news, information, services or products which it believes may be of interest to the Buyer.
14.1 The Seller will, where appropriate exchange information about the Buyer with credit reference agencies which may be shared with other organisations in carrying out credit checks, assessing applications for credit and other facilities for preventing fraud and tracing debtors.
14.2 As per the Data Protection Act 1998 and related legislation, the Seller will protect such information under applicable law and abide by the instructions of the Buyer in respect of their Personal Information.
14.3 The Seller will not sell, trade, divulge or rent Personal Information to third parties under any circumstances, with the exception when required or directed to do so by a court of law for the purposes of law enforcement.
14.4 If you send a testimonial or comment the Seller may publish it on the website or use it in printed advertising materials. The Seller will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial on our site or advertising materials, if provided.
14.5 You are entitled to see the information held about you and you may ask The Seller to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to see the information we hold about you, please contact The Seller in writing: The Seller is entitled by law to charge a fee up to £10 to meet administration costs in providing you with a copy of your personal details. The Seller is legally obliged to request proof of identification before divulgence of information.
14.6 The Buyer may at any time and for any reason request that any or all personal details be removed from the Sellers database. The seller will at the earliest opportunity, comply with this request without question. Personal information will however be retained on all invoices that are required for accounting and tax purposes. Such information will be treated as a matter of legal transaction record and not be used for any other purpose whatsoever.
16.0 You agree to indemnify and hold the Seller and its subcontractors and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Seller out of any breach by you of these Terms & Conditions or from any other liabilities arising out of use of Products purchased and arising out of or in relation to any property damage, personal injury or death to the Buyer or any third party occurring from the use, mounting and display of The Product. (except to the extent that it is caused by The Sellers negligence).
Reviewed on and effective from 017.01.2019