Terms and Conditions of Business
By purchasing a product or service from The Artist’s Print Room, you agree to be bound by these terms and conditions set by The Artist’s Print Room. The Artists print room reserves the right to change or amend these terms and conditions without notice.
In these conditions, unless the context requires otherwise:
- ‘Client’ means the person who buys or agrees to buy the Services from the Supplier;
- ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Supplier;
- ‘Completion Date’ means the date specified by the Supplier when the Services are to be completed and ready for collection or delivery;
- ‘Services’ means the services which the Client has ordered and agrees to buy from the Supplier, having supplied the original artwork to the Supplier;
- ‘Price’ means the price for the Services excluding carriage, packing, insurance and VAT and as specified on the front of this form; and
- ‘Supplier’ means the Mark Parry trading as The Artist’s Print Room of The Cross, High Grosvenor, Bridgnorth, Shropshire. WV15 5PN
- ‘Master File’ also referred to as ‘digital file’, ‘print ready file’, ‘image file’ is an electronic file created by Supplier by the process of digital capture, scanning or photography of a given artwork/slide or film and for the sole purpose of giclée printing by Supplier.
DIGITAL CAPTURE (PHOTOGRAPHY/SCANNING)
- for the purpose of these terms ‘Digital Capture’ defined by the process of photography of or scanning of; is a service provided by The Artist’s Print Room and not a product.
- The master file is produced using highly skilled techniques and equipment, the master file is typically produced at a discounted rate and part of its value is redeemed on each reproduction or print of that file.
- The master file is the sole property of The Artist’s Print Room and can only be reproduced by The Artist’s Print Room with strict written consent of the Client. The Client may from time to time request an edited and/or resized jpeg or png copy of the master file for reproduction purposes unspecified, such as textiles, products, etc.. (with exception to giclée printing, canvas printing, greeting card printing and to any other services which The Artists’s Print Room can carry out) at additional cost. The Artist’s Print Room will supply the edited copy direct by to the Clients manufacturer, in a timely manner.
SUPPLIED ARTWORK (Digital Files, Negatives & Transparencies)
- For the purposes of the following statement, the term “file” refers to any physical artwork, digital file, print, negative or transparency supplied.
- The Artist’s Print Room cannot warranty the final outcome of a print if the artwork you supply is of inferior quality or not suitable for a print size required by you. Clients must supply their images at 300dpi resolution for good quality or 150dpi resolution at their wanted printed size for reasonable printed quality. We will do our best to give you a quality finish but we cannot be held responsible for the end product if your supplied file is poor. The Artist’s Print Room will print works exactly as supplied by you unless otherwise requested.
- Orders are accepted by The Artist’s Print Room (hereinafter referred to as ‘the Supplier’) on the basis that the Client accepts these terms of business. These Terms and Conditions of Business constitute the entirety of the contract between the Supplier and the Client. No variation of or addition to the same shall be accepted unless agreed in writing and signed by a Director of the Supplier.
- (i) By placing an order the Client warrants to the Supplier that either the Client owns the relevant copyright or has the copyright owners authority to commission the Supplier to fulfil the order placed by the Client with the Supplier. The Supplier reserves the right at any time to confirm any such authority direct with the copyright owner. The Client hereby agrees to indemnify the Supplier against all costs claims and demands howsoever or whatsoever arising in respect of verification of copyright authority or any alleged breach of copyright by the Supplier.
- (ii) The copyright in any artwork or design created by the Supplier or its employees or agents is retained by the Supplier unless the Supplier has by written authority of a Director agreed to the contrary.
- We only accept written instruction from the client to carry out services. This may be by electronic means such as email or our online shop or letter, order form. Telephone orders will be backed up by a email confirmation order.
We store and process Client data in accordance with the current ICO legal requirements of data protection law. NO data is provided to any third parties, unless your order includes framing services.
ADVERTISING & MARKETING
The Artist’s Print Room reserves the right to use any images, files including master files without notice for the marketing and promotion of its own products and services. We will not sell or distribute any right(s) to any third parties.
LIMITATION OF LIABILITY
- Neither The Artist’s Print Room, its Proprietors nor our Content providers will be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of our service guide or web site. Images sent to The Artist’s Print Room are solely and without exception the responsibility of the person sending pictures to the business to ensure that they have the permission of the copyright owner to use the image. By sending your picture to The Artist’s Print Room you warrant that it is your own original work or that you have the written permission of the copyright owner and that you have the right to make it available to The Artist’s Print Room for all the purposes specified above;
- it does not infringe any law; and
- you indemnify The Artist’s Print Room against all legal fees, damages and other expenses that may be incurred The Artist’s Print Room as a result of your breach of the above warranty; and
- you waive any moral rights in your contribution for the purposes of its submission to and publication on the site and the purposes specified above.
INTERNET BASED SERVICES (http://www.theartistsprintroom.co.uk)
- The uptime and accessibility of our internet based services is not guaranteed. The Supplier will not accept liability for any failure of any internet based services as a result of computer system failure, internet failure, software bugs, computer viruses, software or hardware breakdown, incompatibility of The Supplier’s internet based services with any third party software being used by the Client, or for any other reason outside of The Supplier’s reasonable control.
- The Client shall be responsible for maintaining the confidentiality of all passwords for access to internet based services, and The Supplier will not accept any liability for lost or stolen passwords, or for any unauthorised access to the Client’s digital data held on any internet based service.
- The Supplier will not accept any liability to manage any data being stored by The Supplier, and it is the responsibility of the Client to manage their data. If the Client uses The Supplier’s internet based services to edit, retouch, and/or manipulate digital data, The Supplier will not accept any liability for any resulting loss of digital data.
INTELLECTUAL PROPERTY RIGHTS
- The Client warrants that no copyright or other intellectual property right (including without limitation moral rights) of any third party, now existent or hereafter created, will be infringed by virtue of:
- Any services to be carried out by The Artist’s Print Room at the request of the Client; or the loading, storage and management of the Client’s images and other data by The Artist’s Print Room.
- Where the Client provides film, negatives, data, digital images and/or other materials to The Artist’s Print Room and requires The Artist’s Print Room to develop, process, manipulate and/or carry out other services in relation to the same, the Client warrants that the Client owns or controls all copyright and other intellectual property rights in such materials, or has obtained all necessary permissions, consents and waivers as are or will be required for the copying, processing, manipulation and other work to be undertaken by The Artist’s Print Room in relation to them. The Client hereby irrevocably licenses The Artist’s Print Room to do all such copying, processing, manipulation and other work as is necessary in performing, or ancillary to, the services requested by the Client.
- The Client agrees to indemnify The Artist’s Print Room against all losses, damages, claims or expenses (including legal costs on an indemnity basis) which The Artist’s Print Room may incur by virtue of any breach of the warranties in the event of any claim (whether or not proceedings are issued) by any party against The Artist’s Print Room or its employees, agents or contractors, that any third party copyright or other intellectual property right (including without limitation moral rights) has been infringed by virtue of anything done by, on behalf of or at the request of the Client.
- The Client warrants that no materials or data deposited with The Artist’s Print Room shall contain any material which is defamatory, blasphemous or obscene, or which is otherwise contrary to any applicable laws, regulations or codes of practice.
STORAGE AND DELIVERY OF DATA AND OTHER CLIENT MATERIALS – CLIENT’S RESPONSIBILITY TO INSURE
- All film, negatives, digital data and other materials (including but not limited to any data or materials created by or on behalf of The Artist’s Print Room at the request of the Client) held by The Artist’s Print Room (whether online or otherwise) and all other materials belonging to the Client or any third party and provided to The Artist’s Print Room by the Client (for storage or otherwise) shall remain at the Client’s risk at all times and the Client shall be responsible for insuring the same at its own expense. The Artist’s Print Room shall not be responsible for the future integrity of digital data, nor for any failure to retrieve data from The Artist’s Print Room’s storage archive.
- The Artist’s Print Room reserves the right to dispose of digital data files after printing, unless agreed otherwise with the Client in writing.
- If any items including original artwork deposited with The Artist’s Print Room by the Client or produced by The Artist’s Print Room for the Client are not collected by the Client within 12 months of completion of The Artist’s Print Room’s work in connection with the same, then The Artist’s Print Room may dispose of, sell, or destroy such items.
- If any unprocessed film belonging to the Client has not been collected by the Client within 3 months of the commencement of the work undertaken by The Artist’s Print Room, then The Artist’s Print Room may dispose of or destroy such film.
- Negatives held at The Artist’s Print Room pending a print order will be returned on production of the prints. If no print order is produced negatives will be held for up to 6 months. Any negatives not collected after 6 months will be disposed of by The Artist’s Print Room.
- A fee will be charged for the storage of any or all original artworks not collected after 30-days from the date of the original order.
Clients are responsible for filling out the required information completely and accurately. Extra care should be taken and very specific instructions listed when giving special instructions. The Artist’s Print Room is not responsible for incorrect orders due to incorrect Client instructions.
RIGHT TO REFUSE
The Artist’s Print Room reserve the right to refuse work, which is deemed of very low quality or in contradiction with our business morals and principles. This may include but is not limited to: poor artwork, immoral or illegal materials.
By placing an order with The Artist’s Print Room, the Client agrees to the following conditions: that the content selected for inclusion in a print does not include any of the following:
- child pornography or anything that is indecent, obscene, lewd, lascivious, filthy, or vile;
- a threat to kidnap or injure a person, a threat to injure the property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law, or a threat of blackmail;
- any matter advocating or urging treason, insurrection, or forcible resistance to any law;
- any defamatory remarks directed at any other person, company, undertaking or organisation;
- any content that infringes the intellectual property rights or other proprietary rights of any third party; or
- any content that otherwise violates the law applicable to such End User or applicable to such End User’s intended recipient.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any products from this website/ service guide at any time. We may refuse to process any transaction for any reason or refuse service to you at our sole discretion.
The Artist’s Print Room has most advertised materials in stock at all times. If for any reason, we not have sufficient stock, we will contact you within one-working day to advise of a possible delayed delivery date. We will NOT use or supply any third party materials as a substitute.
The Artist’s Print Room prices are competitive, however we reserve the right to alter these without notice, due to any variations in The Artist’s Print Room’s procurement costs.
CLIENT SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in RGB format. The Artist’s Print Room is not responsible for any colour shift that occurs in conversions from CMYK to RGB colour modes.
All artwork, designs and images must be provided in minimum of 300 PPI and AdobeRGB format. The Artist’s Print Room is not responsible for images printed as fuzzy, distorted or pixilated due to Client provided artwork.
COLOUR PROOFING & MATCHING
The Artist’s Print Room is not liable for colour matching or ink density on screen proofs approved by the Clients (Soft Proofing). Screen proofs will predict design layout, text accuracy, image proportion and placement, but not colour or density. The Artist’s Print Room will try it’s best to match the gradient density of each colour. The Artist’s Print Room is not liable for the final appearance, unless the Client orders a colour match proof for that order/job. Application of lamination may effect or change the appearance of the printed colours. The Artist’s Print Room is not liable for the final colour appearance of a laminated or coated product/s.
All of our Hahnemuhle canvases are made from either natural 100% cotton or poly-cotton. Occasionally we get tiny loose flecks of canvas flock from the back of the canvas transferring onto the print face of the print as it unrolls through the printer, producing tiny white flecks, in the finish print, you may also get darker spots or strands of cotton, which may be bits of cotton seeds or husks. It is these natural fibres that make canvas printing so unique. Whilst they would not be noticed in the lighter colours, they may be more visible in larger areas of the darker colours. Our canvases are heavy weight canvases over 250gsm, when stretching around stretcher bars it is common for tiny cracks to appear in the ink around the corners and edges, where the canvas is folded and creased.
Epson printers have a feed tolerance of +5mm 0r -5mm over a one-metre feed. This may cause actual print sizes to be +/-5mm per metre.
Client is fully responsible for final proof and layout approval prior to the printing process. The Artist’s Print Room is NOT LIABLE for errors in a final product caused by any of the following reasons:
- Misspelling Errors
- Punctuation Errors
- Grammar Errors
- Graphics Orientation or Placement
- Incorrect Fonts Usage
- Wrong Die cuts or slits
- Incorrect or Missing Folds
- Finished Product Size
- No Credit facilities are provided.
- Prepayment is required for All Digital Capture services by personal cheque, bank transfer, VISA, MasterCard Access, Switch or Delta is required on order.
- All editing/colour correction and all other services are payable on completion of work and before dispatching.
- All print proofs or print orders must be paid in full before printing and dispatch.
- All goods and services including original artwork and any rights of use remain the property of The Artists Print Room until paid in full.
- In the unlikely event that the Client cannot pay any outstanding invoices, the Supplier shall be entitled to retain and sell the original artwork, film, negatives, prints at the expense of the Client in the event that any sums remaining unpaid for a period of 30 days, up to the value of the outstanding invoices.
- Orders paid by personal or company cheques, will not be dispatched until cheques have cleared in full.
- All prices are inclusive of VAT (where applicable) The Artist’s Print Room is not currently registered for VAT. See Price list. The total cost of your order is the price of products & services ordered plus delivery charges as stated upon the website and price list.
The Artist’s Print Room carry out in-house work as we do not subcontract our work except of framing services and delivery.
THE COMPLETED WORK
The Artist’s Print Room will do their best to give you a product as close to your request as possible. Our discretion is final. Any complaint regarding a print must be logged with The Artist’s Print Room within 24 hours of receiving the delivery and it is at the discretion of The Artist’s Print Room to name compensatory terms where The Artist’s Print Room feels that it is applicable. The Artist’s Print Room are not liable for any deviation in quality or consistency of printed images and media.
ACCEPTANCE OF THE SERVICE
- The Client shall be deemed to have accepted the Services immediately upon collection by or delivery to the Client.
- After acceptance the Client shall not be entitled to reject Services which are not in accordance with the contract.
REMEDIES OF THE CLIENT
- Where the Client rejects any Services then the Client shall have no further rights whatever in respect of the supply to the Client of such Services or the failure by the Supplier to supply Services which conform to the contract of sale.
- Where the Client accepts or has been deemed to have accepted any Services then the Supplier shall have no liability whatever to the Client in respect of those Services.
- The Supplier shall not be liable to the Client for late delivery or short delivery of the Services.
The Artist’s Print Room will be happy to help you cancel your order prior to printing/shipping. However, if your ordered item is en route or already delivered, we are unable to cancel your order. However, orders may be eligible for cancellation upon request via email or phone. Our Client Service Team will inform you of any cancellation charges depending on the stage of the order. Here is a brief overview of the stages of an order within our system:
1) Orders are placed on-line, by phone and verified at time of order.
2) Orders are sent to our graphic department and re-designed for printing purposes only.
3) Orders are sent to the printer to start the printing process
4) Orders are Stretched, treated and finished by The Artist’s Print Room.
5) Orders are packed and sent to client.
All orders are cancellable between stages 1 and 2. If an order is cancelled in stage 1, you will be charged £5.00 plus 5% of the total amount to cover payment processing, bank charges and handling fee. But, if the order is cancelled in stage 2, 15% of the total order amount is deducted as cancellation fees to cover our design department’s charges. After an order enters stage 3, we can still try to cancel the order but we cannot guarantee the success. However, if the order is still in stage 3, and the user wants to have it cancelled, 50% of the total order amount is deducted to cover expenses. Once an order reaches stage 4 or 5, that order cannot be cancelled.
COLLECTION/ DELIVERY OF SERVICES
Collection/delivery of the Services shall be available on the time and date specified and within company opening hours ONLY.
We will do out best to deliver your products in the quickest possible time without sacrificing quality. The Artist’s Print Room do not have any control over Royal Mail or courier companies. Some deliveries may be delayed due to your location, accidents or local disruptions. In these instances, The Artist’s Print Room will not be liable for any consequential loss. Please ensure that you check your delivery before signing for it. The Artist’s Print Room will not accept liability for missing or damaged items unless this is brought to the attention of the delivery company. Please do not sign for your Services until you have physically checked them and are satisfied that they are in perfect condition.
LOSS OR DAMAGE
The Artist’s Print Room shall not be responsible for any loss or damage to your product during transport beyond the value of the invoice and what you have paid us.
- This guarantee entitles you to a replacement product should it display a fault. Please note that the The Artist’s Print Room guarantee does not cover loss, accidental damage, wear and tear or the work being subjected to anything unusual. All works must be kept in a dry cool ventilated place away from direct sunlight, extreme temperatures and extreme environments.
- Although manufacturers of canvas and inks used by The Artist’s Print Room claim up to 80 years colour quality (without fading), The Artist’s Print Room cannot guarantee this claim. The final say with regards to the validity of your guarantee lies completely with The Artist’s Print Room.
To insure the integrity of printed work, we archive the master file ready for on demand printing. Our archive is non destructive. Each file is backed up daily to a independent hard drive, proving 5 separate backups stored in 5 locations and we also use a 448bit encrypted cloud back service. This file is retained in full by The Artist’s Print Room and is not made available to any third parties and/or competitors or giclée printing companies.
MASTER PRINT FILE POLICY
Our image capture is completely unique, making our master print files, a superior quality to that of our competitors. In order to protect our clients print quality and commercial integrity, all master print files are archived and secured by us.
The Client may agree to purchase a copy of each individual master files created by The Artist’s Print Room. The price of the master file is be based on estimated loss of potential earnings arising from the sale of that specified file(s). For the purpose of these terms, this is calculated at a loss of 49 individual prints (single print run) at a print area size of 297mm x 420mm with a 25mm border or the size of the original artwork with a 25mm border, which ever is the higher value. In order to protect The Artist’s Print Room’s print quality and integrity, all purchased files will be an edited to sRGB embedded Tif file at 240ppi at the size of the original artwork.
Our Privacy Statement exists to ensure your security and confidence in our integrity and business practices.
We use your e-mail address only to identify, track orders and to notify those of you that wish of upcoming The Artist’s Print Room news and relevant announcements. We use your delivery details only for the purpose of gathering aggregate, anonymous demographic information.