Customer Terms & Conditions

Last updated in January 2024

Peers Towers trading as Fruits Ablaze Art

Terms and Conditions

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.

No person under the age of 18 years may purchase Goods.

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can cancel within 14 days.

The Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
  • if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
  • if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

HOW THESE TERMS WORK

These T&Cs set out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • ‘we’, ‘us’ or ‘our’ means Peer Towers trading as Fruits Ablaze Art; and
  • ‘you’ or ‘your’ means the person using our site to buy Goods from us.

If you have any questions about this contract or any orders you have placed, please contact us by:

  • sending an email to info@fruitsablazeart.co.uk; or
  • filling out and submitting the online contact form available here https://fruitsablazeart.com/contact

Who are we?

  • We are Peer Towers trading as Fruits Ablaze Art, registered in England and Wales and its office located at Queen Hoo Lane Hertfordshire AL60LW, United Kingdom.

The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.

1. Definitions

In this agreement:

“Buyer” means the person whose name is printed on the Order

“Carrier” means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.

“Content” means information in any form published on Our Web Site by us or any third party with our consent.

“Contract” means the order and Order Confirmation 

“Defective” means containing a fault or defect

“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions

“Order” means the Buyer’s Order for Goods or services

“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.

“Price” means the price together with postage and packing in force at the date and time of the Order

“Seller” means the seller of record for any Goods

2. Introduction

a) If you buy Goods on our site you agree to be legally bound by this contract.

b) This contract is only available in English. No other languages will apply to this contract.

c) When buying any Goods on our site you also agree to be legally bound by:

c.i) our website terms and conditions and any documents referred to in them;

c.ii)extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you reasonable notice. You can end this contract at any time by providing notice if we tell you extra terms apply; and

c.iii)specific terms which apply to certain Goods, which will be communicated to you during the online checkout process.

All of the above documents form part of these T&Cs as though set out in full here.

3. Information we give you

a) By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This information is set out at the start of these T&Cs and elsewhere throughout our website. If you cannot access this information for any, you are welcome to contact us using the functionality on the website and we will provide you with a copy of this information.

b) The key information we give you by law forms part of this contract (as though it is set out in full here).

c) If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

4. Your privacy and personal information

a) Our Privacy Policy is available at https://fruitsablazeart.com/privacy-policy/.

b) Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

5. Our contract with you

a) These terms and conditions apply:

a.i) so far as the context allows, to you as a visitor to Our Web Site; and

a.ii) in any event to you as a buyer or prospective buyer of our Goods.

b)Goods advertised may not be available.

c) We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site.

d) We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.

e) All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.

f) If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:

g) accept the alternatives we offer;

h) cancel your order;

i) leave the order valid, but tell us to omit the out-of-stock item.

j) If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

k) Your contract is with us, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of Goods, returns, commissions or refunds.

6. Price and Payment

a) You must pay us the full price of your order before we send any part of it.

b) Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

c) Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

d) You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

7. Information you give us

a) You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

b) We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three (3) months of purchase.

8. Delivery

a) Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.

b) If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

c) We may deliver the goods in instalments if the goods are not available at the same time for delivery.

9. Returns and refunds

Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:

a) All correspondence regarding the return of Goods shall be carried out between You and us. You may not contact any artist directly for any reason.

b) You must tell us you wish to cancel within 14 days of your receipt of the Goods

c) In any event, you may not cancel orders for artworks commissioned by an artist.

d) The Goods must be returned to the artist within 21 days of delivery:

d.i) with both goods and all packaging in their original condition;

d.ii) securely wrapped;

d.iii) including our delivery slip;

d.iv) at your risk and cost.

e) After our artist has received the Goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;

f) If you do not return the Goods to us, you are still liable to us for the cost.

g) We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.

10. Nature of the Services

a) The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Services that we provide to you must be carried out with reasonable care and skill. In addition:

a.i) where the price has not been agreed upfront, the cost of the Services must be reasonable; and

a.ii) where no time period has been agreed upfront for the provision of the Services, we must carry out the Services within a reasonable time.

b) We are under a legal duty to supply you with Services that are in conformity with this contract.

Faulty services

a) Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

a.i) contact us using the contact details at the top of this page; or

a.ii) visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

b) Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

c) If the Services we have provided to you are faulty, please contact us using the contact details at the top of this page.

12. Disclaimers

a) We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.

b) You are advised that Content may include technical inaccuracies or typographical errors.

c) We give no warranty and make no representation, express or implied, as to:

c.i) the adequacy or appropriateness of the Goods for your purpose.

c.ii) the truth of any information given on Our Web Site;

c.iii) any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;

c.iv) compatibility of Our Web Site with your equipment software or telecommunications connection.

c.v) compliance with any law;

c.vi) non-infringement of any right.

d) Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

e) We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.

f) In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

13. Content and Intellectual Property Rights

a) Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

b) You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

c) You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

14. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

15. Limitation on our Liability

Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

a) Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

a.i) losses that were not foreseeable to you and us when the contract was formed;

a.viii) losses that were not caused by any breach on our part;

a.ix)business losses; or

a.x) losses to non-consumers.

16. Rights of third parties

No one other than a party to this contract has any right to enforce any term of this contract. 

17. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

18. No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

19. Dispute Resolution

a) We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services we have provided, or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

b) Our Complaint Handling Policy can be accessed by contacting us.

c) In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

d) If a dispute cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.

e) You can submit your dispute to Retail ADR going to http://www.retailadr.org.uk. Retail ADR is the ADR provider we use and is approved by the government to provide ADR services.

f) If you do not wish to use ADR or are unhappy with the outcome of ADR, you may still bring court proceedings.

g) Relevant United Kingdom law will apply to this contract. If you want to take court proceedings, the courts of the region of the United Kingdom in which you live will have exclusive jurisdiction in relation to this contract.

20. Governing Law

This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.