Terms of Sale, Delivery, Returns & Cancellations
Last updated: 24 July 2026
About these terms
These Terms of Sale, Delivery, Returns and Cancellations apply to purchases made through nathalyellencelia.art and to any purchase agreed directly following an enquiry through the website.
Please read these terms carefully before placing an order. By purchasing an artwork, you confirm that you have read and accepted the terms that apply to the sale.
These Terms of Sale, Delivery, Returns and Cancellations currently apply to the sale of original artworks available through this website. If limited-edition prints, commissioned work or other products are offered in the future, these terms will be reviewed and updated where necessary.
Nothing in these terms limits or excludes any statutory rights available to you under UK consumer law.
Seller information
Legal name: Nathaly Ellen Bartsch
Trading as: Nathaly Ellen Celia
Website:nathalyellencelia.art
Email:NECarts@outlook.com
Business and returns address:
12 Lon Llewelyn,
Waunfawr,
Aberystwyth,
Ceredigion.
SY23 3TP
Nathaly Ellen Bartsch operates as a self-employed artist and is the seller responsible for purchases made through this website.
Questions about an artwork, purchase or these terms should be sent to NECarts@outlook.com.
Artwork descriptions and availability
I take reasonable care to describe and photograph each artwork accurately and to provide the information needed for an informed purchase.
Original artworks
Each artwork currently offered for sale is a completed, original work of art. Unless a listing clearly states otherwise, the artwork shown in the photographs is the actual artwork that will be supplied.
The relevant listing may include information such as:
• the artwork title;
• medium and materials;
• dimensions;
• surface or support;
• framing or presentation details, where applicable; and
• the purchase price.
Please review the complete artwork listing before placing an order and contact NECarts@outlook.com where clarification is required.
Colour and appearance
I make reasonable efforts to represent each artwork faithfully. However, colours and details may appear slightly different depending on lighting, photography, screen brightness, device settings and display technology.
Original artworks may contain visible brushwork, surface texture, variations in paint application and other characteristics arising from the creative process. These form part of the individual nature of the artwork and will not ordinarily constitute faults.
This does not affect your statutory rights where an artwork is damaged, faulty or materially different from its description.
Availability
Each original artwork is normally available as a single item only. Placing an artwork in a shopping basket does not reserve it.
Although reasonable steps are taken to keep availability information current, an artwork may occasionally become unavailable because of a simultaneous purchase, technical error or sale through another agreed channel.
If an ordered artwork is unavailable, I will contact you promptly and provide a full refund of any payment received for that artwork.
I may correct or withdraw a listing before an order has been accepted. Any correction will not reduce the statutory rights applying to a confirmed purchase.
Prices, delivery charges and payment
All prices are shown in pounds sterling (£ GBP).
Artwork prices
The price displayed for an artwork is the price of the artwork itself. Any applicable delivery and protective-packaging charge will be identified before the order is placed.
Prices may change from time to time, but a change will not affect an order that has already been accepted.
UK delivery and packaging
Standard UK delivery and protective packaging are currently charged at £20 per artwork.
Where more than one artwork is purchased, the delivery and packaging charge will normally apply separately to each artwork unless a different arrangement is expressly shown at checkout or agreed with me in writing.
The total amount payable, including the artwork price and applicable delivery charge, will be displayed before you confirm and pay for the order.
International orders
International delivery may be available to selected destinations by prior arrangement.
International customers must contact NECarts@outlook.com before purchasing so that availability, protective packaging, insurance, delivery costs, customs requirements and an estimated delivery timescale can be confirmed.
An international order should not be placed until the delivery arrangements and total price have been agreed in writing.
Unless otherwise agreed, the customer is responsible for any import duties, customs charges, local taxes or handling fees imposed by the destination country. These charges are not controlled by me and are not included in the artwork or delivery price.
Payment
Payment is required in full when an order is placed.
Online card payments are processed securely by Stripe. I do not receive or store complete payment-card details.
Payment must be successfully authorised and cleared before an artwork is dispatched. If payment is refused, reversed or cannot be completed, the order will not be fulfilled.
Order confirmation
After an online order is placed, you should receive an electronic order confirmation containing the details of the purchase.
Please check the confirmation carefully and contact NECarts@outlook.com promptly if any information is incorrect.
If I cannot accept or fulfil an order—for example, because the artwork has already been sold, the listing contained a material error or delivery cannot reasonably be arranged—I will notify you and refund any payment received.
No additional payment will be charged without your express agreement.
Order preparation, dispatch and UK delivery
Order preparation
Original artworks are prepared and packaged carefully to reduce the risk of movement, moisture, bending or other damage during delivery.
Packaging methods may vary according to the artwork’s size, materials, surface and presentation requirements.
Dispatch
Subject to successful payment and any necessary order checks, an available artwork will normally be dispatched within 3—5 working days after payment has cleared.
Working days are Monday to Friday, excluding UK bank holidays.
If an unexpected delay prevents dispatch within the 3—5 working day period, I will contact you as soon as reasonably possible and provide an updated estimate.
UK delivery
UK orders will be sent using a suitable postal, courier or specialist delivery service. Tracking information will be provided where available.
Delivery times shown or communicated are estimates unless a particular delivery date has expressly been agreed in writing.
In all cases, goods will be delivered without undue delay and normally within 30 days after the contract is made, unless a different delivery period has been agreed with you.
Delivery address
You are responsible for providing a complete and accurate delivery address when placing the order.
Please contact NECarts@outlook.com promptly if an address needs to be corrected. An address may not be capable of amendment after the artwork has been dispatched.
I am not responsible for delay caused by incomplete or inaccurate address information supplied by the customer, although I will take reasonable steps to assist where possible.
Risk during delivery
The artwork remains at my risk until it comes into the physical possession of you, or another person identified by you to receive it.
If you arrange your own independent carrier rather than using a delivery service offered by me, responsibility for the artwork may pass when it is handed to that carrier, as provided by law.
Missed or unsuccessful delivery
You are responsible for following any tracking information and for arranging redelivery or collection where a delivery attempt is unsuccessful.
Additional charges resulting from an incorrect address, refusal of delivery or repeated failed delivery attempts may be payable by the customer where they arise from information or circumstances within the customer’s control.
This does not affect your statutory rights where the delivery provider or seller is responsible for the problem.
International delivery, customs and import charges
Prior arrangement required
International delivery may be available to selected countries and destinations, but it must be arranged and agreed before an order is placed.
International customers should contact NECarts@outlook.com with:
• the title of the artwork;
• the intended destination country and postcode;
• the recipient’s full delivery address; and
• any relevant access or delivery information.
I will confirm whether delivery can reasonably be arranged and, where possible, provide details of the proposed delivery service, protective packaging, insurance, estimated timescale and total delivery charge.
An international order should not be placed until these arrangements and the total price have been confirmed in writing.
International delivery charges
International delivery is not included in the standard £20 UK delivery and packaging charge.
The international delivery and packaging cost will depend on matters such as the destination, artwork size, weight, packaging requirements, insurance and delivery service.
The agreed international delivery charge must be paid before the artwork is dispatched.
Customs documentation
International shipments may require customs declarations, commercial invoices, commodity information or other export and import documentation.
I will provide the information and documentation reasonably required from the seller. The customer must provide accurate recipient and destination details and cooperate with any reasonable request from the courier or customs authority.
UK government export guidance confirms that commercial invoices and relevant customs records may need to be completed and retained when goods are exported from the United Kingdom.
Import duties, taxes and handling charges
Unless expressly agreed otherwise in writing, the customer is responsible for any import duty, import tax, customs-clearance charge, local sales tax or handling fee imposed by the destination country or delivery provider.
These charges are determined outside my control and are not included in the artwork price or international delivery quotation unless this is expressly stated.
Customers should check the rules and likely charges applying in their destination country before agreeing to purchase.
Customs and delivery delays
International delivery estimates are not guaranteed unless a specific delivery date has expressly been agreed in writing.
Customs inspections, border procedures, local delivery conditions and requests for additional information may cause delays outside my reasonable control.
I will provide available tracking information and take reasonable steps to assist with enquiries concerning a delayed shipment.
Nothing in this section limits your statutory rights where the artwork is not delivered within an agreed period or where I am legally responsible for a delivery problem.
Destination restrictions
I may decline an international order where delivery cannot reasonably or lawfully be arranged, suitable insurance is unavailable, the risk of damage is excessive or customs and import requirements cannot be met.
If payment has already been received for an international order that cannot be accepted or fulfilled, the amount paid will be refunded.
Right to cancel a UK consumer purchase
Who this right applies to
This section applies where you purchase an artwork as a consumer—that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
Business purchases may not carry the same automatic cancellation rights, although statutory rights concerning faulty or misdescribed goods may still apply.
Your cancellation period
Where an artwork is purchased online or through another distance-selling arrangement, you normally have the right to cancel the purchase without giving a reason.
You may cancel from the time the contract is made until the end of 14 days after the day on which you, or a person nominated by you, receives physical possession of the artwork.
Where several artworks forming one order are delivered separately, the cancellation period normally ends 14 days after the day on which the final artwork is received.
You may also cancel before the artwork has been dispatched.
How to notify me
To exercise the right to cancel, you must send a clear statement confirming your decision before the cancellation period expires.
You may do this by emailing:
or by writing to:
Nathaly Ellen Celia
12 Lon Llewelyn,
Waunfawr,
Aberystwyth,
Ceredigion.
SY23 3TP
Please include your name, order number, the title of the artwork and your contact details so that the order can be identified promptly.
You do not need to give a reason for cancelling. You may use the model cancellation form included below in these terms, but using that form is not compulsory.
Completed original artworks
The right to cancel normally applies to completed original artworks offered for general sale, even though each artwork is unique.
Personalised and commissioned artwork
The statutory change-of-mind cancellation right may not apply to an artwork made to your specifications or clearly personalised for you.
Commissioned or personalised work is not currently offered through the website. If this changes, any applicable cancellation conditions will be explained clearly before an agreement is made.
This exception does not affect your statutory rights where personalised or commissioned goods are faulty, damaged or not as described.
Returning an artwork after cancellation
Return deadline
After notifying me that you wish to cancel, you must return the artwork without undue delay and no later than 14 days after the day on which you communicated your decision to cancel.
Returns should be sent to:
Nathaly Ellen Celia
12 Lon Llewelyn,
Waunfawr,
Aberystwyth,
Ceredigion.
SY23 3TP
Please email NECarts@outlook.com before dispatching the return so that the artwork can be identified and appropriate return instructions can be provided.
Return-delivery costs
Where you exercise your statutory right to cancel because you have changed your mind, you are responsible for the direct cost of returning the artwork.
This does not apply where the artwork is faulty, damaged on arrival, materially different from its description or where I have agreed to meet the return cost.
Packaging the artwork
You must take reasonable care of the artwork while it is in your possession and while preparing it for return.
The artwork should be returned:
• in its original condition, so far as reasonably possible;
• using the original protective packaging, where reusable;
• or using packaging that provides protection of an equivalent quality;
• with any certificate, documentation or accessories supplied with it; and
• securely protected against bending, crushing, moisture, abrasion and movement in transit.
Please do not attach labels, adhesive tape or writing directly to the artwork, its surface or any presentation materials forming part of it.
Return service and proof of dispatch
Because original artworks are unique and may be valuable, you should use a suitable tracked return service with adequate insurance and retain proof of dispatch.
You remain responsible for packaging the artwork with reasonable care. Please contact NECarts@outlook.com where guidance about an appropriate return service is required.
Handling and diminished value
You may inspect the artwork to the extent reasonably necessary to establish its nature, characteristics and condition.
If the artwork’s value has been reduced because it has been handled beyond what would reasonably be permitted when examining it in a physical gallery or shop, I may make a lawful deduction from the refund to reflect that diminished value.
This may include damage or alteration resulting from unnecessary handling, unsuitable display, mounting, framing, cleaning, marking or inadequate return packaging.
No deduction will be made merely because the packaging has been opened or because the artwork has been inspected with reasonable care.
Items received in the return
Please include the order number, purchaser’s name and artwork title inside the return package. Do not include complete payment-card information.
I will contact you if the returned package cannot be matched to an order or if there is a significant concern about its condition.
Refunds following cancellation
What will be refunded
Where you exercise a valid statutory right to cancel, I will refund:
• the price paid for the returned artwork; and
• the original standard UK delivery charge paid for that artwork.
If you expressly chose a delivery service costing more than the least expensive standard delivery option offered, I am not required to refund the additional cost of that upgraded service.
The customer’s change-of-mind return-delivery cost is not refundable unless I have agreed otherwise or the artwork is faulty, damaged, misdescribed or otherwise does not conform to the contract.
Refund timescale
A refund will be made without undue delay and no later than 14 days after the earliest of:
• the day on which I receive the returned artwork; or
• the day on which you provide satisfactory evidence that the artwork has been sent back.
If the artwork has not yet been dispatched when you cancel, the refund will be made without undue delay and within the period required by law.
I may withhold the refund until the artwork has been received or until satisfactory evidence of return has been supplied, whichever occurs first.
Refund method
The refund will normally be made using the same payment method used for the original transaction.
A different method will be used only where you expressly agree, and you will not be charged a fee because of the refund method.
Stripe and your card provider may require additional processing time before the refunded amount appears in your account. This processing period is outside my direct control.
Deductions for diminished value
I may make a lawful deduction from the artwork-price refund where its value has been reduced by handling beyond what was reasonably necessary to establish its nature, characteristics and condition.
Any deduction will be based on the actual reduction in value and will not be imposed merely because the packaging was opened or the artwork was examined with reasonable care.
I will explain any proposed deduction and the reason for it.
Partial cancellation
Where an order contains more than one artwork and you cancel only part of that order, the refund will relate to the returned artwork and any proportion of the original standard delivery charge that must be refunded by law.
Refund confirmation
I will send confirmation when the refund has been initiated. Please contact NECarts@outlook.com if the refunded amount has not appeared after allowing a reasonable period for Stripe and the relevant financial institution to process it.
Faulty, damaged or misdecribed artworks
Your statutory rights
Every artwork supplied must be of satisfactory quality, fit for any particular purpose that has been agreed, and materially consistent with its description.
Nothing in these terms excludes or restricts your statutory rights concerning faulty, damaged or misdescribed goods.
Checking the artwork on arrival
Please examine the external packaging and artwork carefully as soon as reasonably possible after delivery.
If the package or artwork appears damaged, please contact NECarts@outlook.com promptly and, where possible, provide:
• your name and order number;
• the artwork title;
• a description of the problem;
• photographs of the external packaging;
• photographs of any internal protective packaging; and
• clear photographs showing the damage or discrepancy.
Notification within 48 hours of delivery, where reasonably possible, can help with enquiries to the delivery provider or insurer. However, failing to report the matter within 48 hours does not remove any statutory rights you may have.
Please retain the artwork, packaging and delivery documentation until the matter has been assessed.
Damage during delivery
Where an artwork is damaged before it comes into your physical possession—or the possession of a person nominated by you to receive it—I will remain responsible for dealing with the matter in accordance with your legal rights.
Please contact me before returning a damaged artwork whenever reasonably possible. This allows me to provide return instructions and, where I am legally responsible, arrange or reimburse reasonable return-delivery costs.
Short-term right to reject
Where an artwork does not conform to the contract, a consumer may normally exercise the short-term right to reject it within 30 days beginning on the day after ownership has transferred, the artwork has been delivered and, where applicable, any required installation has been completed.
Where the short-term right to reject applies, you may be entitled to return the artwork for a full refund.
Repair, replacement or other remedy
After the short-term rejection period, you may be entitled to request a repair or replacement where this is possible and proportionate.
Because each original artwork is unique, an identical replacement may not be available. A repair will be considered only where it is appropriate, can be carried out safely and would not unreasonably alter the artwork.
Where repair or replacement is impossible, unsuccessful, disproportionate or not completed within a reasonable time and without significant inconvenience, you may be entitled to an appropriate price reduction or to exercise a final right to reject the artwork, as provided by law.
Refunds for faulty, damaged or misdescribed artworks
Where you are legally entitled to reject an artwork, I will refund the amount required by law without undue delay.
Where I am responsible for the fault, damage or misdescription, you will not be required to bear the reasonable cost of returning the artwork.
A refund will normally be made to the payment method used for the original purchase unless another method is expressly agreed.
Characteristics of an original artwork
Visible brushwork, texture, variations in paint application and other characteristics arising naturally from the artistic process are not faults merely because they are irregular or unique.
However, this does not prevent you from seeking a remedy where the artwork is materially different from its listing, has undisclosed damage or otherwise fails to meet the standards required by law.
Ownership, copyright and permitted use
Ownership of the physical artwork
Once full payment has cleared and the artwork has been delivered, you own the physical artwork itself.
Ownership of the physical artwork does not transfer copyright or any other intellectual-property rights connected with the artwork.
Copyright
Copyright and all related intellectual-property rights in the artwork remain with Nathaly Ellen Celia. Where required for legal identification, this refers to Nathaly Ellen Bartsch, unless those rights are expressly transferred through a separate written and signed agreement.
Purchasing an artwork does not give permission to:
• reproduce, copy, scan or print the artwork;
• manufacture or sell reproductions, merchandise or derivative products;
• license the artwork or its image to another person or organisation;
• use the artwork in commercial advertising, branding or promotional materials;
• create or distribute altered or derivative versions of the artwork;
• issue digital editions or tokens based on the artwork; or
• otherwise exploit the artwork or its image commercially.
Written permission must be obtained before carrying out any use that is protected by copyright.
Personal display and resale
You may display the physical artwork in a private home, workplace, gallery or other lawful setting.
You may give away or resell the physical artwork. Any resale transfers ownership of the physical item only and does not transfer copyright.
Reasonable photographs may be taken for insurance records, personal records or the genuine resale of the physical artwork.
Personal and non-commercial sharing
You may photograph and share the artwork for personal, non-commercial purposes, including on personal social-media accounts, provided that:
• the image is not used to create reproductions or commercial products;
• the artwork is not presented in a misleading or derogatory manner; and
• Nathaly Ellen Celia is credited as the artist where reasonably practicable.
This limited permission may be withdrawn where an image is used unlawfully, commercially or in a manner that infringes copyright or other legal rights.
Artist’s use of images
I retain the right to use existing photographs, video and other representations of the artwork for purposes including:
• my professional portfolio and archive;
• social-media and video platforms;
• catalogues, publications and press materials;
• exhibitions, gallery submissions and presentations; and
• the promotion and documentation of my artistic practice.
The sale of the physical artwork does not require me to remove existing photographs or records of it from these materials or platforms.
Moral rights and attribution
Where applicable, I assert and reserve my moral rights as the creator of the artwork, including the right to be identified as the artist and the right to object to derogatory treatment of the work.
The artwork must not be falsely attributed to another person or presented in a way that falsely suggests that I created or approved an altered version.
Licensing requests
Requests to reproduce, publish, license or use an artwork commercially should be sent to NECarts@outlook.com. Any permission must be confirmed in writing and may be subject to separate terms and a licensing fee.
Customer responsibilities and lawful purchasing
Accurate order information
When placing an order or arranging a purchase, you must provide information that is complete and accurate to the best of your knowledge, including:
• your full name;
• email address and contact details;
• billing information;
• the complete delivery address; and
• any information reasonably required to arrange delivery.
You should check the order details carefully before submitting payment and contact NECarts@outlook.com promptly if anything needs to be corrected.
You may be responsible for reasonable additional delivery costs caused by inaccurate information supplied by you, provided those costs are properly incurred and clearly explained.
Authority to make payment
You must be authorised to use the payment method supplied for the purchase.
You must not place an order using:
• another person’s identity or payment information without permission;
• false, misleading or deliberately incomplete information;
• funds obtained unlawfully; or
• a payment method that you know you are not authorised to use.
Reviewing the artwork information
Before purchasing, you are responsible for reviewing the artwork listing, including its dimensions, materials, support, framing or presentation details and delivery arrangements.
Please ask for clarification before ordering where a particular characteristic is important to your decision.
You are also responsible for considering whether the artwork is suitable for its intended display location, including available space and relevant environmental conditions.
This does not reduce your statutory rights where the artwork is faulty, damaged or materially different from its description.
Receiving the delivery
You must provide an address at which the artwork can lawfully and safely be delivered and take reasonable steps to ensure that it can be received or collected.
Where another person is nominated to accept the delivery, you are responsible for ensuring that person is authorised to receive it on your behalf.
International purchases
International customers are responsible for supplying accurate destination and recipient information and for checking any import restrictions that may apply in their country.
An international order must not be placed until delivery arrangements have been agreed with me in writing.
Fraud prevention and verification
Where there are reasonable grounds to suspect fraud, unauthorised payment, identity misuse or a material error in an order, I may:
• pause processing while reasonable checks are completed;
• request information needed to verify the purchaser or payment;
• contact Stripe or another relevant service provider; or
• decline or cancel the order where it cannot lawfully or safely be fulfilled.
Any verification request will be proportionate and limited to information reasonably needed for the relevant purpose.
If an order is declined or cancelled and payment has already been received, the appropriate amount will be refunded unless the money must lawfully be withheld or dealt with differently by a payment provider or public authority.
Misuse of the purchasing process
You must not knowingly misuse the checkout, payment or returns process, including by making a fraudulent claim, initiating a dishonest payment dispute or deliberately returning an item other than the artwork purchased.
Nothing in this section prevents you from raising a genuine complaint, exercising a statutory right, requesting a lawful refund or disputing a payment in good faith.
These responsibilities will be applied reasonably and will not be interpreted in a way that removes or restricts rights provided by consumer law.
Order acceptance and cancellation by the seller.
Placing an order
When you submit an order through the website, you are making an offer to purchase the artwork on these terms.
An automated email acknowledging receipt of the order confirms only that the order has been received. It does not necessarily mean that the order has been accepted.
Acceptance and formation of the contract
Before accepting an order, I may check:
• that the artwork remains available;
• that payment has been successfully authorised and cleared;
• that the price and delivery charge are correct;
• that the delivery address can be served; and
• that there is no reasonable indication of fraud, error or unlawful activity.
The contract is formed when I send you an email expressly confirming that the order has been accepted. This may be contained within a dispatch confirmation.
Once the contract has been formed, both you and I are bound by these terms, subject to your statutory cancellation and consumer rights.
When an order may be declined before acceptance
I may decline an order before it has been accepted where there is a genuine and reasonable reason, including where:
• the artwork has already been sold or is otherwise unavailable;
• payment has not been authorised or has been reversed;
• a material error has occurred in the price, description or delivery charge;
• the delivery address is incomplete, inaccurate or outside the available delivery area;
• international delivery has not been agreed in advance;
• fraud, identity misuse or unauthorised payment is reasonably suspected;
• fulfilling the order would breach a law, sanction, export restriction or other legal requirement; or
• safe and suitable delivery cannot reasonably be arranged.
If an order is declined, I will notify you as soon as reasonably possible.
Cancellation after acceptance
After an order has been accepted, I will cancel it only where there is a serious and reasonable ground preventing fulfilment, such as:
• the artwork has been lost, stolen or materially damaged before dispatch;
• an unexpected legal restriction prevents the sale or delivery;
• the payment is subsequently identified as unauthorised or fraudulent;
• the delivery address cannot reasonably or safely be served and no suitable alternative can be agreed; or
• an event outside my reasonable control makes performance impossible.
I will not cancel an accepted order merely because I later wish to sell the artwork to someone else or at a higher price.
Refund following seller cancellation
If I decline or cancel an order after payment has been received, I will refund all sums paid for the unfulfilled artwork, including any delivery charge paid for it.
Any refund due will be initiated without undue delay using the original payment method unless another method is expressly agreed. No cancellation fee will be charged.
I will explain the reason for the cancellation unless doing so would be unlawful, compromise fraud-prevention measures or reveal confidential information belonging to another person.
Customer’s legal remedies
Nothing in this section limits any remedy available to you where I fail to perform an accepted contract or where the cancellation amounts to a breach of contract.
Events outside reasonable control
What this section covers
I will not be treated as responsible for a delay or failure caused by an event genuinely outside my reasonable control, provided that I have taken reasonable care and appropriate steps to reduce its effects.
Such events may include:
• severe weather, flooding, fire or natural disaster;
• widespread transport, postal or courier disruption;
• industrial action affecting services needed to fulfil the order;
• failure of essential utilities, communications or payment systems;
• significant website or cybersecurity incidents;
• customs, border or public-authority action;
• war, civil disturbance or terrorism;
• epidemic, pandemic or public-health restrictions; or
• another comparable event that could not reasonably have been prevented.
This section does not excuse a failure caused by my own negligence, lack of reasonable preparation or failure to take steps that could reasonably have avoided the problem.
What I will do
If an event outside my reasonable control affects an accepted order, I will:
• contact you as soon as reasonably possible;
• explain the nature and likely effect of the problem;
• take reasonable steps to minimise delay or disruption; and
• provide a revised dispatch or delivery estimate where possible.
Extended delay or impossibility
Where the event makes fulfilment impossible, or causes a substantial delay that you are not reasonably willing to accept, you may cancel the affected order.
Where an order is cancelled in those circumstances, I will refund all sums paid for the artwork that cannot be supplied, including any delivery charge paid for it.
Nothing in this section limits your statutory rights or any remedy available where I am legally responsible for the delay or failure.
Complaints and dispute resolution
Making a complaint
I aim to deal with complaints fairly, promptly and courteously.
Complaints concerning an artwork, order, payment, delivery, return or refund should be sent to:
Email:NECarts@outlook.com
Post: Nathaly Ellen Celia,
12 Lon Llewelyn,
Waunfawr,
Aberystwyth,
Ceredigion.
SY23 3TP
Please provide:
• your name and contact details;
• the order number and artwork title, where applicable;
• a clear description of the problem;
• relevant dates and correspondence;
• photographs or documents that may assist; and
• the outcome you would like me to consider.
How the complaint will be handled
I will acknowledge receipt of your complaint as soon as reasonably practicable, investigate the relevant circumstances and provide a clear response explaining the outcome and any action proposed.
I may request further information where reasonably necessary to investigate the matter properly.
Raising a complaint does not affect your statutory rights, including any right to cancel, reject faulty goods, seek a refund or bring legal proceedings.
Unresolved complaints
I will make reasonable efforts to resolve a complaint directly.
Consumers may obtain independent advice about their rights and available next steps from the Citizens Advice Consumer Service.
Alternative dispute resolution may also be available as a way of resolving a disagreement without court proceedings. I am not currently required to use, or subscribed to, a particular alternative dispute-resolution scheme.
Where I am required by law or contract to participate in a particular alternative dispute-resolution or complaint-resolution arrangement, I will provide the relevant details when communicating the outcome of the complaint.
I may also agree voluntarily to use a suitable accredited mediation or alternative dispute-resolution service where both parties consider this appropriate.
Nothing in this section prevents either party from seeking independent legal advice or exercising a lawful right to bring court proceedings.
Liability and statutory rights
Rights that are not excluded
Nothing in these terms excludes, restricts or attempts to remove:
• your statutory rights as a consumer;
• liability for death or personal injury caused by negligence;
• liability for fraud or fraudulent misrepresentation;
• liability arising from a breach of legal rights concerning ownership of the artwork; or
• any other liability that cannot lawfully be excluded or restricted.
Loss caused by a breach
If I fail to comply with these terms, I am responsible for loss or damage that is a foreseeable result of that failure or of my failure to use reasonable care and skill.
Loss or damage is foreseeable where it was an obvious consequence of the breach or where both you and I knew, when the contract was formed, that it might occur.
Nothing in this section prevents you from seeking a remedy available under consumer or contract law.
Consumer purchases
Artworks sold under these terms are intended principally for private collection, display or another personal purpose.
Where you purchase as a consumer, I am not responsible for losses arising solely from using the artwork for an undisclosed trade, commercial or business purpose, including loss of profit, revenue, business opportunity or anticipated savings.
This does not exclude responsibility for loss that I cannot lawfully exclude or that arises directly and foreseeably from my breach of contract.
Care after delivery
After the artwork has come into your physical possession, I am not responsible for deterioration, alteration or damage caused by matters outside my control, including:
• unsuitable mounting or framing;
• exposure to excessive moisture, heat or direct sunlight;
• cleaning products or inappropriate handling;
• accidental damage after delivery;
• storage in unsuitable conditions; or
• alteration, restoration or repair carried out by another person.
This does not apply where the problem was already present at delivery, arose from inadequate packaging or delivery for which I remain legally responsible, or results from another breach of your statutory rights.
Delivery providers
The use of a postal, courier or specialist delivery provider does not remove any responsibility that I have under law for the artwork before it comes into your physical possession.
Any claim I may have against a delivery or insurance provider does not limit the remedies available to you where I remain legally responsible.
Reasonable application
This section will be interpreted and applied only to the extent permitted by law. It is not intended to prevent or discourage a genuine complaint, refund request, legal claim or exercise of a statutory right.
Governing law and jurisdiction
These terms and any contract for the purchase of an artwork are governed by the laws of England and Wales.
If you are a consumer resident in another part of the United Kingdom or another country, this choice of law does not deprive you of any mandatory consumer protection available under the law applying where you live.
I encourage customers to contact NECarts@outlook.com first so that any disagreement can be considered and, where possible, resolved directly.
If court proceedings become necessary:
• customers resident in England or Wales may bring proceedings in the courts of England and Wales;
• customers resident in Scotland or Northern Ireland may also be entitled to bring proceedings in the courts where they live; and
• an international consumer may have rights to bring proceedings in their local courts where applicable law permits.
Nothing in these terms requires a consumer to bring proceedings exclusively in a court that they are not legally required to use.
General provisions
Severability
If a court or other competent authority finds that any part of these terms is unlawful, invalid or unenforceable, that part will be treated as removed or limited only to the extent necessary.
The remaining provisions will continue to apply, provided that doing so does not substantially change the nature of the agreement or remove a right that the law requires.
No waiver
If either you or I delay exercising a right or remedy under these terms, that delay does not automatically mean that the right has been waived.
A waiver concerning one particular breach or circumstance does not amount to a waiver concerning a later breach or different circumstance.
Third-party rights
These terms are intended to regulate the agreement between you and me.
Except where the law provides otherwise, a person who is not a party to the contract has no independent right to enforce these terms.
This does not affect any right or remedy available to a payment provider, delivery provider or other person under a separate agreement or under applicable law.
Changes to these terms
I may revise these terms from time to time to reflect changes in law, website features, payment arrangements, delivery services or the products offered.
Updated terms will apply to orders placed after the revised version is published.
An accepted order will remain governed by the version of the terms supplied or made available when that contract was formed, unless:
• a change is required by law;
• the change benefits the customer without placing them at a disadvantage; or
• you and I expressly agree to the change.
I will not use a later revision to remove or reduce a statutory or contractual right applying to an existing purchase.
The “Last updated” date at the top of this page will be changed whenever these terms are materially revised.
Written communications
References in these terms to communication “in writing” include email unless a particular law requires another form.
Notices and enquiries should be sent to NECarts@outlook.com or to the postal address stated in the Seller information section.
Please retain copies of your order confirmation, these terms and any important correspondence relating to the purchase.
Model cancellation form
You may use this form to cancel a qualifying distance purchase, but its use is not compulsory. You may instead send any other clear statement communicating your decision to cancel.
To:
Nathaly Ellen Celia
12 Lon Llewelyn,
Waunfawr,
Aberystwyth,
Ceredigion.
SY23 3TP
Email: NECarts@outlook.com
I/We hereby give notice that I/We cancel my/our contract for the purchase of the following artwork(s):
Artwork title or description:
Order number:
Date ordered:
Date received:
Name of customer:
Address of customer:
Email address or telephone number:
Signature of customer:
(required only when this form is submitted on paper)
Date:
Delete or amend any wording that does not apply.