Terms and Conditions | Mystique55

1. Interpretation

1. 1. The definitions in this clause apply in the terms and conditions set out in this document:

   • “Force Majeure Event” shall have the meaning given in clause 11.

   • “Goods” the products that we are selling to you.

   • "Order" your selection of the Goods from stock or display in our gallery or your order for the Goods as set out in our Sales Invoice.

   • "Terms" the terms and conditions set out in this document.

   • "We, Us" Mystique55 is the trading name for Adler & Partners Ltd, registered and incorporated in the United Kingdom. UK Company No. 12582903. Adler & Partners Ltd is governed by United Kingdom legislation and functions under its jurisdiction. 

   • "Writing" or "written” includes faxes and email.

   • "You" the person, persons, or body corporate which is buying Goods from us.

       1.2. Headings do not affect the interpretation of these terms.​

 

2. Basis of Sale
2.1. These terms, along with the order and our price list, constitute the entire agreement governing the sale of goods between you and us. They replace and nullify all prior agreements, promises, assurances, representations, and understandings between us. Prior to finalising the contract, please carefully review the details in the terms or on the order (where applicable) to ensure their completeness and accuracy. If you identify any omissions or errors, kindly request written confirmation from us, as we solely acknowledge responsibility for statements and representations provided in writing by our authorised employees and agents. It is crucial to familiarise yourself with these terms before submitting your order, as a contract will be established between us, binding you to these terms, in accordance with the relevant clause. 2.5.
2.2. Mystique55 is not under the regulation of the Financial Conduct Authority and lacks authorization to provide guidance on both regulated and unregulated investments. If you are contemplating investment decisions, it is advisable to consult an independent financial advisor or another regulated professional. It is essential to note that investments in art carry inherent risks and may experience fluctuations in value. Mystique55, along with its affiliates, officers, directors, and employees, does not provide any assurance, warranty, or representation regarding the investment potential of the goods available for sale.
2.3. Any samples, drawings, descriptions, or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the goods.
2.4. If any of these terms are inconsistent with any term of the order, the order shall prevail.
2.5. The order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.6. These terms shall become binding on you and us when:

• 2.6.1. We issue you with a sales invoice; or

• 2.6.2. We notify you that the goods are ready, whichever is the earlier, at which point a contract shall come into existence between us. Title to the artwork passes to you when the artwork has been fully paid for, and you have been notified that your artwork is available for collection from the gallery or for delivery to you.

2.7. Please quote the sales invoice number (where applicable) in all subsequent correspondence with us relating to the order.
2.8. We reserve the right to periodically review and modify these terms to accommodate shifts in market conditions impacting our business, technological advancements, alterations in payment methods, changes in pertinent laws and regulatory standards, and enhancements to our system capabilities. The policies and terms applicable at the moment of your order placement will govern your transaction, unless legal or regulatory requirements necessitate modifications, in which case such changes will apply to outstanding orders not yet fulfilled.

 

3. The Goods
3.1. In accordance with your statutory rights, on delivery or the date upon which we notify you that the goods are ready for collection, as the case may be, the goods shall:​​

• 3.1.1. Conform with these terms;

• 3.1.2. Conform in all material respects with their description and which match any sample or model seen or examined by you, subject to any qualification or representation contained in the relevant brochures, advertisements, or other documentation;

• 3.1.3. Be of satisfactory quality;

• 3.1.4. Be fit for purpose for use as indoor display artwork;

• 3.1.5. Be fit for purpose for use as outdoor display artwork where the description of the goods makes it clear that the goods can be displayed outdoors or if we have confirmed in writing that the goods can be displayed outdoors; and

• 3.1.6. Comply with all applicable statutory and regulatory requirements relating to the selling of such goods in the United Kingdom.

3.2. For further advice about your statutory rights, including those set out in clause 3.1, please contact your local citizens’ advice bureau or trading standards office.3.3. If you are returning goods to us pursuant to your statutory rights, please take note of the return’s procedure at clause 6 below.3.4. These terms apply to any repaired or replacement goods we may supply to you pursuant to your statutory rights.3.5. It is your responsibility to examine your goods carefully for any damage and to contact us as swiftly as possible should any defects be identified on delivery, to ensure that we can take the necessary steps to repair, replace, or if necessary, refund the goods. We request that upon receipt of your goods, you remove all packaging and inspect the goods closely to ensure they are in good condition. Should you be less than satisfied with the quality or condition of the goods or any aspect of the frame (if applicable), you should advise us no later than 14 working days after taking possession of the goods. Any delay to you notifying us might impact upon our ability to rectify the issue for you. This clause 3.4 does not affect your statutory rights.3.6. Items displayed on our website or imagery of artwork provided to you may appear different in person than on an electronic screen or device. For this reason, we recommend where possible that if you are seeking a precise colour, finish, or size of artwork, you should endeavour to view your artwork in person. We cannot be held liable for the precise colour, finish, or other variables that may be due to differences caused by different devices.

 

​4. Warranty

4.1. We, Mystique55, warrant that for a period of 1 month from delivery, or the date upon which we notify you that the goods are ready for collection, as the case may be, the goods shall:

• 4.1.1. Be free from material defects in design, material, and workmanship;

• 4.1.2. Conform with their description and which match any sample or model seen or examined by you, subject to any qualification or representation contained in the relevant brochures, advertisements, or other documentation;

• 4.1.3. Be of satisfactory quality;

• 4.1.4. Be fit for purpose for use as indoor display artwork;

• 4.1.5. Be fit for purpose for use as outdoor display artwork where the description of the goods makes it clear that the goods can be displayed outdoors or if we have confirmed in writing that the goods can be displayed outdoors; and

• 4.1.6. Comply with all applicable statutory and regulatory requirements relating to the selling of such goods in the United Kingdom.​

4.2. We shall not be liable for a breach of any of the warranties in clause 4.1 unless:

• 4.2.1. You give written notice of the defect to us within 14 days of the time when you discover or ought to have discovered the defect; and

• 4.2.2. We are given a reasonable opportunity after receiving the notice of examining such goods and you, if we so request, return such goods to our place of business for the examination to take place there.

4.3. We shall not be liable for a breach of any of the warranties in clause 4.1 if:

• 4.3.1. You make any further use of such goods after giving notice of the defect;

• 4.3.2. The defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use, and maintenance of the goods or (if there are none) good trade practice;

• 4.3.3. You alter or repair such goods without our written consent.

​4.4. Subject to clause 4.2 and clause 4.3, if any of the goods do not conform with any of the warranties in clause 4.1, we shall at our option repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata contract rate provided that, if we so request, you shall, at our expense, return the goods or the part of such goods which is defective to us.4.5. If we comply with clause 4.4, we shall have no further liability for a breach of any of the warranties in clause 4.1 in respect of such goods.4.6. Any goods replaced will belong to us, and any repaired or replacement goods will be guaranteed on these terms for the unexpired portion of the 12 months warranty period.4.7. We will be under no liability or further obligation in relation to the goods if:

• 4.7.1. If you fail to notify us of any defects pursuant to clause 4.2;

• 4.7.2. You make any further use of such goods after giving notice of a defect;

• 4.7.3. The defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use, and maintenance of the goods or (if there are none) good trade practice;

• 4.7.4. You alter or repair such goods without our written consent.

4.8. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from this agreement.​

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5. Delivery
5.1. We will arrange for the delivery of the goods to the address specified in the order or to another location we agree in writing. We may deliver the goods in advance of the quoted delivery date upon giving you reasonable notice.
5.2. Delivery of the goods shall be completed when we deliver the goods to the address specified in the order or to another location we agree in writing.
5.3. If you choose to collect the goods from our gallery, we will notify you by email when the goods are available for collection. We will only store the goods for a maximum of 14 days from the date of the email. If you fail to collect the goods within this timeframe, we may charge you a reasonable storage fee.
5.4. If we are unable to deliver the goods due to your failure to provide appropriate instructions, documents, licences, or authorizations, we may charge you a reasonable sum for any additional costs incurred.
5.5. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection, we may end the contract and clause 9 will apply.
5.6. We reserve the right to charge you for any additional costs we may incur as a result of your failure to take delivery of the goods or your failure to collect the goods from our gallery.

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6. Returns
6.1. If you wish to return the goods to us due to defects covered by the warranty in clause 4 or your statutory rights, you should contact us at info@apartners.uk discuss the return and obtain a return authorization.
6.2. When returning goods to us, please ensure that they are securely packaged to prevent damage during transit. You should also include the original sales invoice and a written explanation of the reason for return.
6.3. Upon receipt of the returned goods, we will examine them and notify you of our decision regarding whether the goods are eligible for repair, replacement, or refund.
6.4. If the goods are eligible for repair or replacement, we will carry out the necessary work and return the goods to you at our expense. If a refund is applicable, we will refund the purchase price to you as soon as possible.
6.5. Any refund will be made using the same method of payment that you used for the original purchase.

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7. Risk and Title

7.1. The goods will be your responsibility from the completion of delivery or the date upon which we notify you that the goods are ready for collection, as the case may be.
7.2. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
7.3. If you choose to collect the goods from our gallery, ownership will pass to you when we notify you that the goods are available for collection, and you have paid in full for the goods.

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8. Price and Payment

8.1. The price of the goods shall be the price quoted on our website or as set out in our price list in force at the time of your order, except in the case of a manifest error by us.
8.2. Prices quoted include applicable taxes.
8.3. Payment for the goods and all applicable delivery charges is due in full at the time of placing your order unless we agree otherwise in writing

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9. Compliance with Laws
9.1. The website is intended for use solely for lawful purposes and in a manner consistent with the law. Users agree to adhere to all relevant laws, statutes, and regulations concerning the website and any transactions carried out on or through it.

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10. Accessibility Assistance
10.1. While we strive to align with website best practices and adhere to common standards, we acknowledge that there may be accessibility concerns or issues. If you need further assistance regarding accessibility or encounter any access-related challenges with our website or other materials, please feel free to reach out to our customer services team. They will be happy to provide the necessary support.

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11. Intellectual property and rights of use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.