This agreement is a legal document, which sets out your rights and obligations, and those of Brian Crosby Art, in relation to the services offered by us through this site.
English law shall govern each transaction, including (without limitation) all contractual and other relationships, which arise as a result of such sales. You and we submit to the non-exclusive jurisdiction of the English courts in relation to any disputes arising out of any sale.
Credit and debit cards and your contract with us
You may be asked to enter credit, debit or charge card details. You must ensure that (a) you are fully entitled to use that card at the time when you provide those details to Brian Crosby Art, and when you use the card, and b) the card has available funds to cover all charges incurred on it in the course of buying from us. If any of the information you enter becomes incorrect or is superseded, then please notify us with the corrected information immediately. In any event, to use Brian Crosby Art services, you must legally be able to enter into contracts for goods and services that you may buy here. Generally, this means that you must be at least 18 years old and sane.
1. Goods on this web site are priced in GBP, Great British Pounds Stirling
2. Prices quoted exclude VAT which is added at basket and checkout.
3. Quotation prices lapse after 30 days.
4. Price and availability may change without notice
5. Price quoted excludes delivery. Delivery costs are calculated and shown at basket and checkout. We reserve the right to cancel an order at any stage if there have been any errors or mistakes with pricing. Delivery charges can vary.
Delivery (WEBSITE ONLY)
1. For delivery times we will deliver orders on a best endeavour basis .
2. If we fail to deliver within a reasonable time, three weeks for online trading, (without contact and or explanation) you may cancel the contract.
3. If the contract is cancelled by the customer, the customer has no claim against us for delay, costs incurred or if the goods have been dispatched before the contract is cancelled.
4. We may deliver the goods in installments.
5. Deliveries take place either:
a) At our premises (if you are arranging collection). Or at your premises (if we are arranging delivery).
b) You must select the correct delivery option in the basket before checkout. If you do not select the correct delivery option, you will automatically be charged for the correct delivery option. For example, if you are on the Isle of Man, and select Standard Next Day Delivery, you will be charged for the UK Isles delivery automatically. By placing your order and agreeing to these terms and conditions, you give us your consent to charge your debit or credit card with the additional delivery costs related to your delivery address.
c) Delivery charges are calculated automatically by the website when you add to your shopping cart. Goods are dispatched using our nominated parcel carrier.
d) Where delivery is made by our parcel carrier, the delivery charge is for 1 attempted delivery only. Should you not be in to receive delivery, and have not provided us with alternative delivery instructions, your order will be taken to the parcel carrier’s local depot to await collection by you (a card will be left for you with contact details). If you request re-delivery to the same address as originally provided, there may be an additional charge of £6.00 + VAT to cover the cost charged to us by our parcel carrier. If you request re-delivery to a different address, then the cost may be higher. It is strongly advised, therefore, that alternative delivery instructions are provided to us at point of order.
7) You are responsible for payment of any local customs and import duties
8) We ask that, should your item fail to arrive to the timescale above, you advise us by email, email@example.com as soon as possible so that we may investigate with the parcel carriers. Any dates quoted for delivery are approximate only and we will not be liable for any delay. It is your responsibility to ensure that you order from us in adequate time to prevent any disappointment resulting from late shipment.
9) On occasion, you may find that you need to add to your order after it has been placed. In these circumstances, we ask that you submit another order online. If this is done on the SAME DAY as the original order we will be able to consolidate the two, thereby reducing the overall delivery charge. Where orders are placed on different days it is not possible to offer this consolidation service due to the high level of administrative work required.
10) The goods are at your risk from the time your order leaves our premises.
Refund, exchange & return (WEBSITE ONLY)
1) The vast majority of goods for sale on our website fall into the category of custom-made products (personalised or made to order), including all picture frames. Where these products have been supplied correctly, we are not able to offer any exchanges or refunds. (see also below). Please Note
a) Any product referred to as being in a “standard size” does not mean it is ready-made or off-the-shelf. We are a custom frame manufacturer and all sizes are made to order.
b) We will cut your apertures / windows within 2 mm + /- tolerance of sizes given. We have given clear instructions on measuring including how to overlap your mount over your picture and cannot accept responsibility for inaccurate measurements.
c) Our website cannot modify or change the measurements you enter. We will only supply a product to the measurements you have given us – we cannot offer a refund/exchange or rectify any mistakes we are not responsible for.
Our refund, exchange and return policy is in strict accordance with the latest UK government distance selling regulations
1) If your goods are damaged in transit.
a) Inform us within two days of signature of goods and allow us the time to re-collect the goods, inspect the goods & replace the goods at no charge & on a convenient date.
b) If you have received goods which are defective in material and or workmanship or received goods which are not the goods placed you must inform us within two days of signature of goods and allow us the time to re-collect the goods, inspect the goods & replace the goods.
2) If goods are returned because they are thought to be not of satisfactory standard. If we the Manufacturer believe the goods to be of a satisfactory standard we reserve the right to refund only part of the amount paid to cover our expenses such as postage, re-collection, manufacture and re-manufacture ( if applicable ).
3) Any other product we supply which we do not manufacture, Sale frames, hardware or tapes for example may be returned to us within 14 days at your expense in the original packaging, if we then deem the items to be in perfect condition and ready for re-sale, we will refund the cost of the item(s) back onto the payment method within 30 days.
4) We do not accept returns unless agreed and or arranged by us.
5) In the event of goods being returned without our written consent, the goods will be held in their returned condition in dispatch for a period of 4 weeks, when this 4 week period expires the goods will be disposed of.
6) By placing your order with Brian Crosby Art you agree to the returns and cancellations policy described in this document.
1) Payment is required before goods are manufactured unless you have a credit account or different terms have been pre-agreed in writing for payment.
2) If you have a credit account payment is due within 30 days of the invoice date., unless alternative terms have been agreed in writing.
3) Business customers, unless otherwise stated, should pay us within the due date. Failure to do so, you will pay interest at the rate equivalent to that set for the purpose of the late payment of commercial debts (interest) act 1998:
i. Calculated (on a daily basis) from the date of our invoice until payment
ii. Compounded on the first day of each calendar month and
iii. Before and after and judgment (unless the court orders otherwise)
4) If you have an approved business credit account we may withdraw it or reduce your credit limit or bring forward your due date payment.
5) We may take any of these actions above at any time without notice.
6) You do not have the right to set off any money you may claim form us against anything you may owe us.
7) We only accept payment in Pounds Sterling.
8) We only take orders online by Credit Card or Debit Card and do not accept American Express.
We make every attempt to be accurate with digital images and specifications, however as we source products from different suppliers each consignment of the product may be slightly different to that as advertised digitally or previously supplied, colour calibration and quality of your display can also affect digital representation.
1. If frame tone / colour / specification is critical, especially in the instance of repeating an order for an identical product, it is essential to order a sample of the current stock of that product as we cannot be held responsible for the manufactured product after delivery. A small charge will be made plus delivery.
2. Tone & shade of product may vary slightly to that displayed digitally
3. Tone & shade of product may vary slightly between orders.
4. Material will be accurate to within 4 mm
5. Picture frame sizing (internal) will be accurate to within +10mm to allow for the safe / easy removal of picture frame Glazing & picture frame backing.
6. Picture Mounts (external) will be accurate to within +/- 4 mm.
7. Picture Mount sizing (internal) will be accurate to within +/- 4 mm.
Refunds or Cancellation (WEBSITE ONLY)
Our cancellation policy (below is in accordance with the latest UK government distance selling regulations.
1) All picture frames (excluding sale frames) and mounts are made to customer specification. We are therefore unable to offer a refund or replacement on any correctly supplied product (Note that any product referred to as being in a “standard size” does not mean it is ready-made or off-the-shelf.). 14 day cool off period does not apply to custom made products.
2) If an order is placed and manufactured and then cancelled (for any reason) you are to pay us the full current retail value.
3) We cannot accept cancellations or refunds because of possible time delays to completion. Producing handmade bespoke work has many variables in terms of delivery to us by suppliers, staff illness and other production problems are possible, making definitive completion dates advisory only.
4) Business customers unless otherwise stated, We may suspend or cancel an order if you fail to pay us any money when due (under the order or otherwise).
5) You become insolvent.
6) You fail to honour your obligations under these terms.
You may not cancel any order for any reason unless we agree and the cancellation is offered by us in writing.
All picture frame and mount measurements are calculated from the sizes the customer enters on our website. Our website cannot modify or change the measurements you enter. We will only supply a product to the measurements you have given us – we
We cannot offer a refund/exchange or rectify any mistakes for which we are not responsible.
Refunds or Cancellations, RETAIL SHOPS (Cheltenham and Gloucester)
1) “Specifications”. All picture frames and mounts are made to the specifications on the ORDER printed and provided at the time of sale. However, should a stock item be deleted by our suppliers, or otherwise not available, we will attempt to contact you. If we cannot contact you, we reserve the right to use the closest similar item. Additionally, although we are happy for customers to choose another item, being unable to locate the exact item ordered does not constitute a reason for a refund.
2) “Changes of Mind”. If an order is placed and then cancelled (for any reason) you are to pay us the full current retail value as specified on the ORDER form. We allow as much time, in the shops, as required in order to choose materials, therefore, when Frame Type and Mount Type, Glass Type or other are chosen and the ORDER form is printed, the form constitutes our legal contract and refunds will not apply. This is from the time the form is actually printed.
3) “Completion Delays”. We cannot accept cancellations or refunds because of possible time delays to completion. Producing handmade bespoke work has many variables in terms of delivery to us by suppliers, staff illness. Additionally, other production problems are possible, making definitive completion dates advisory only. The work is produced under the basis of “Best Endeavour”. Staff can feel under pressure to give a verbal comment about completion time. This written statement overrides any verbal comment with regard to completion dates.
4) “Balance”. We may suspend or cancel an order if you fail to pay us balance money when due (under the order or otherwise). Should any balance not be paid, we will write to you giving two weeks notice to pay. If still unpaid, after two weeks, the matter will automatically be put before the ‘Small Claims Court’.
1) Proprietor Contact: Brian Crosby 01242 262444
2) The full name of the business is Brian Crosby Art.
3) Our trading address is 14 Montpellier Arcade, Cheltenham GL50 1SU.
4) You may contact us via email at firstname.lastname@example.org, by telephone or post at the address stated above.
5) We may need to contact you in case of a question regarding your order, you agree for us to contact you by phone and email if you place an order with us.
6) We may occasionally send out promotions or invitations via email for future purchases with us.
7) We have systems in place to remove frames from our website that are low, or out of stock, to stop orders being placed on out of stock frames. In the unlikely event that you place an order for a frame that is out of stock, we will contact you as soon as we can to arrange an alternative frame.
8) We offer the option to purchase gummed sealing tape as an extra. If you do not wish to purchase sealing tape, the back of our frames will be sealed using flexible pins, which you can bend over the backboard to hold your picture in place. We recommend purchasing sealing tape to protect your image from dust and moisture, and to add to the visual finish of your frame.
9) If the Print & Frame service is purchased, we will Clean the glass, insert your picture, glass & back. To give the professional service we will staple the back & print into place & tape the back to protect your image from dust and moisture, and to add to the visual finish of your frame.
10) Our website may contain links to external websites. We shall not be held responsible for the availability of, or the content located on or through any external web site, nor for any transactions between you and such sites.
11) You accept full and total legal responsibility for work to be carried out by Brian Crosby Art, their employees have accepted this work, on the strict understanding that you are the owner of the copyright, (your imported images, not Brian Crosby Art images) or have permission of the owner of the copyright for duplication to be undertaken on your behalf.
12) Brian Crosby Art will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.
13) Brian Crosby Art will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Brian Crosby Art accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
14) Brian Crosby Art may make modifications, improvements, corrections and/or changes to this website and these Terms and Conditions at any time with reasonable notice.
15) You may not copy any content contained within this entire website without the written consent of Brian Crosby Art.
16) Although we recommend back mounting, please be aware one applied the process is irreversible. For most print’s that are generated from a negative or memory card can be reprinted, but in terms of original works of art or irreplaceable items back mounting may not be suitable as it could devalue the item in the long term. If in any doubt please call or email for advice. We will not take any responsibility for any items that are devalued or damaged.
Misuse of our site
Brian Crosby Art reserves the right to suspend or terminate any account, which, is, or appears to us in our absolute discretion, to be, in breach of any of the provisions of this agreement.
Tax & Duties
We will reluctantly have to charge VAT on all goods and services where applicable. And if you want your purchase to be delivered outside the European Union, you will automatically be responsible for paying all applicable duties.
Corrections and Disclaimer
Descriptions of goods and services included in the Brian Crosby Art site are accurate to the best of our knowledge. We do our best to correct errors or omissions as soon as we are aware of them. However, you should know that the proportions, colours and appearance of images, mounts and frames may vary very slightly from the way they appear on the screen. Also print sizes can vary slightly with each production run. If you need to know the precise dimensions of a product, please contact us.
The images and designs used on the Brian Crosby Art website are the property of Brian Crosby Art or their respective copyright owners, and are used by Brian Crosby Art pursuant to express authorisation from copyright owners or their agents. You acknowledge that all copyright, trademarks and other intellectual property rights in and relating to Brian Crosby Art vested in Brian Crosby Art or our partners where appropriate. You must not use, reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that we are concerned about, until a final court hearing where the court will make a decision on all the facts.
Please be aware that we will not be liable to you or any third party for any indirect or loss or damage, or for any loss of data, profit, revenue, business or management time, howsoever caused. You also agree that the liability of Brian Crosby Art under this agreement (whether arising in negligence or otherwise), will not under any circumstances exceed the amount equal to the sums paid or payable by you.
This does not affect your statutory rights as a consumer.
In the event of consequential loss, Brian Crosby Art can only be responsible for the cost of your order.
Brian Crosby Art shall not be liable for any failure to perform its obligations under this agreement if caused by matters beyond our reasonable control.
Changes to this Agreement
Brian Crosby Art reserves the right to change the terms of this agreement from time to time, and post a new version on our website. The new version will take effect from the day of posting on the site.
Price and availability information are also subject to change without notice.
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.