Terms & Conditions
This site is owned by Pierce Artist (hereafter THE MERCHANT) and registered in England, Registration No. 6583297, with registered address at 32-33 Byram Arcade, Westgate, Huddersfield, HD1 1ND (hereafter THE MERCHANT ADDRESS), and email address at info@pierceartist.co.uk, telephone number +44 07583 110090.
Any purchase of goods from the site www.pierceartist.co.uk (hereafter THE MERCHANT SITE) requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".
Purpose
These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by THE MERCHANT for the customer.
Making a Purchase
Making a purchase could not be easier
Just browse our website, and click on any items that you wish to buy and put them into the shopping cart.
After you have finished your selection, click on "Checkout" and you will be asked for a few details that we need to be able to satisfy the order.
Our order cut-off is 12:15pm. All orders placed before 12.15pm will be processed the same day. We process orders Monday to Friday excluding bank holidays. If there are any problems with your order we will contact you right away.
Payment (4 Options):
- Option 1: Credit card payment through our payment gateway SAGEPAY
- Option 2: Pay using your PAYPAL account
- Option 3: We will call you for credit card details over the phone. Please Note: This option does not guarantee that the order will be shipped the same day. To be sure CALL US with your card details 10-15 minutes after placing your order on-line. (07583 110090)
If you are shopping in the UK or anywhere else, place your order and your credit card company will convert the transaction to Pounds or your own currency.
We accept various credit cards.
You may send your credit card information via the Internet or Fax only.
Pictures shown do not necessarily represent stock items and are for reference only.
Products are subject to change without notice. It is recommended that if in any doubt to request sample packs.
Pierce Artist reserve the right to refuse or cancel any order and refund money owed.
For all orders: The contract is concluded when Pierce Artist dispatch all items ordered.
Delivery addresses
Please note that we can only deliver to either the address that is registered to the card used for payment, or a registered business address. We reserve the right to cancel any order and refund in full.
Adding to orders
We understand that occasionally you may need to add to an order that you place with us. We will always try our best to make it possible if you do need to add anything, but please bear in mind that once an order is packed and palletised it is not always possible for us to add items. In this case we would apply the extra shipping charge to cover the cost of the extra dispatch.
Please read carefully
Any Order placed and accepted shall be subject to the laws of England and Wales whose courts shall have exclusive jurisdiction in respect of all matters arising out it and in relation to any business contracted between the parties.
All goods remain the property of Pierce Artist until paid for in full.
Offers & Promo Codes
From time to time we will offer item discounts and issue promotional discount codes. For specific details of any promotions we are running please see individual promotion details as advertised. For any further questions please call the office on 07583 110090.
Invoices
Your invoice will be created after we ship your order. You will be emailed when the invoice is available. Once created, you can check any invoices by logging into your account.
Log in to your account then go to My Account > Track Orders > View Order History > View Invoice
Back Orders
If your item is not in stock, we will back order for you. You will always have the option to cancel your order if you would rather not wait.
Tax Charges
For orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free and you should click the exempt button to reduce VAT to zero.
Credit/Debit Card Security
We use SAGEPAY as our PAYMENT GATEWAY. SAGEPAY have millions of satisfied customers. This company uses state of the art 256 bit encryption technology to ensure that your credit card details have maximum security.
There is an option when purchasing to be asked to be telephoned for credit card details if you prefer.
Order Confirmation
All contractual information will be confirmed by email to the address specified by the customer during the purchasing act.
Proof of Transaction
The records stored in THE MERCHANT's computer systems under reasonable safety conditions are considered proof of communications, orders and payments made between the parties.
Purchase orders and invoices are stored on a reliable and durable system and can be produced as evidence.
Product Information
Every effort has been made to ensure the accuracy of the information presented on THE MERCHANT SITE. THE MERCHANT or its suppliers shall not be held liable for the consequences, accidents, or special damages arising from electronic transmissions or the accuracy of transmitted information, even in cases where THE MERCHANT was aware of the possibility of such damages. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.
Validity Period of Offer & Prices
Our offers and prices are valid for the day the site is consulted and are subject to change without notice.
Delivery Terms
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.
No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception.
As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse THE MERCHANT, who will deliver a new, identical package to the customer free of charge.
We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.
Each item has a weight, when you go to the checkout the total weight is identified and a charge for that weight is added to the cost.
Please Note: If you enter the wrong postcode or address while making a purchase on the internet website and we subsequently send the goods to the wrong address, we will re-ship the goods but the re-shipping costs will be at your own expense!
Your Shipping Instructions: If you specify instructions as to where you want your delivery to be 'placed' (eg. "Please leave round back in shed") and the delivery is subsequently damaged or stolen Pierce Artist and our couriers take no responsibility. You are in essence waving your right to a "signed for" delivery and therefore your delivered product(s) are at risk!
Some areas of the UK are NOT available for next day shipping. Please call to check on 07583 110090
Loss or Damage in Transit
THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery.
In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
Delivery Errors
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
Returns Policy
There are many reasons why items ordered may need to be returned to Pierce Artist , the most common reasons are covered within the following paragraphs. Any other instances that may not be covered below, will be subject to negotiations between Pierce Artist and the customer.
You have received incorrect Items from Pierce Artist (e.g. not the items that were ordered)
In this instance, Pierce Artist will take full responsibility and will collect the incorrect items from an address specified by the customer, replacements will be shipped the same day. Pierce Artist will cover the cost of both the collection and the re-delivery of the replacements.
You have ordered the wrong goods from Pierce Artist
In this instance, Pierce Artist cannot be held responsible for any mistakes made by the customer when ordering Items through our website. The goods received must be sent back at the customers own expense. Replacements will be issued upon receipt of the returned items. The customer will be liable to cover any cost incurred for the re-shipping of replacement goods. The customer will also be liable for any broken / lost / stolen items when in transit back to Pierce Artist.
You ordered the goods but no longer need or require them
In this instance, Pierce Artist will accept a return of the goods - any shipping charges will be paid by the customer. If Pierce Artist are required to collect unwanted goods, the collection charge will be paid by the customer. Original shipping charges cannot be refunded and if free shipping was awarded on the order a charge may be deducted from your refund. For larger quantities to be returned a restocking fee may be charged. Please contact us for any clarification about our returns procedure before arranging for goods to be returned.
Pierce Artist reserve the right to certain stipulations regarding products being returned:
i) All items must be returned in a re-sellable condition. Any items returned that are found to be damaged in any way, cannot be replaced or refunded under any circumstances.
ii) Pierce Artist can only accept the return of unused / unopened items. Any items returned that have been used, opened or tampered with in any way cannot be replaced or refunded.
iii) If you received a shipping discount on your order, and if by returning unwanted items this discount is deemed invalid, we may deduct shipment costs from any refund given.
Right to Withdrawal & Cancellation
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of fourteen (14) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
Our Right of Cancellation
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to us, we are unable to supply the goods to you, we may cancel the agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the agreement. We shall not be liable for any other loss or damage whatever arising from such cancellation. We also reserve the right to cancel and refund an order if there is a price change imposed upon us by a supplier or manufacturer that we are unaware of and have therefore priced incorrectly.
Right of Use
The use of any trademarks, logos or brands present on the site is strictly forbidden.
Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
Partial Invalidity
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.
Non-Waiver
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.
Data Protection
All personal data you provide us is used to process your orders and is treated with the strictest discretion. This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.
Applicable Law and Competent Jurisdiction
In form and content, these Terms and Conditions shall be governed by and construed in accordance with English law. All orders placed on THE MERCHANT SITE strictly imply the acceptance of THE MERCHANT's terms and conditions.
In case of dispute or claim, the customer agrees to seek an amicable solution with THE MERCHANT before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.