Terms and Conditions
The following general terms and conditions apply to all orders placed via our online shop by consumers and traders.
Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. Trader means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
These general terms and conditions also apply to traders for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any trader.
2. Contractual partner, formation of contract
The purchase contract is concluded with Exact Art ltd.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order, you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language available for concluding the contract is English.
We save the text of the contract and forward the order data and our general terms and conditions to you by e-mail. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only dispatch goods, pickup by the customer is not possible.
We only deliver to the UK. Information on any applicable delivery restrictions for large goods can be found in the help section of our online shop under ‘Delivery’.
The following payment methods are available in our online shop. We reserve the right to limit the choice of payment methods available for an order depending on the order value, the terminal device being used or other objective criteria, such as whether you are a consumer or a trader.
With the submission of the order, you are sending us your credit card details. After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and the invoice amount is charged to your card.
During the ordering process, you will be forwarded to PayPal’s website. In order to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop, we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
In order to pay the invoice amount via Apple Pay, you must have set up Apple Pay in the Wallet app and be using a compatible Apple device for your purchase. Once you have verified your order details, you can complete your purchase and confirm payment by authenticating yourself using Face ID or Touch ID, for example. The payment transaction will then be automatically processed by Apple.
In order to pay the invoice amount via Google Pay, you must have a Google account and have added a valid means of payment. Once you have entered your required information and verified your order details, you can complete your purchase and confirm your payment. The payment transaction will then be automatically processed by Google.
6. Retention of title
The goods shall remain our property until full payment is made.
For traders the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship.
7. Voluntary return policy up to 60 days after receipt of goods
For consumers the following applies: In addition to statutory withdrawal rights (see cancellation policy), we also grant you a voluntary return period of 60 days after receipt of goods. With this return policy, you may withdraw from the contract after the statutory 14-day withdrawal period by sending goods back to the address below within 100 days of receipt of goods (beginning on the day goods are received). Timely dispatch of goods is sufficient for observing the deadline. However, a prerequisite for making use of your voluntary return rights is that goods are returned in a complete and undamaged state.
Please send goods back to:
Exact Art ltd, 6 Summer Street, Bristol, UK.
Your statutory right to withdraw from the contract remains unaffected by the contractually agreed upon voluntary return policy. Until the 14-day withdrawal period expires, the legal conditions stated in the cancellation policy apply exclusively. Furthermore, our voluntary return policy does not restrict your statutory warranty rights.
8. Damage during delivery
Applicable to consumers:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
Statutory rights shall apply with respect to liability for defects.
With respect to traders, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.
The aforementioned restrictions and shortened time limit do not apply to claims for damages which have been caused by us, our legal representatives or legal agents:
- for injury to life, limb or health;
- for deliberate or grossly negligent breach of duty, as well as fraud;
- for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with;
- within the context of a guarantee commitment, where agreed.
Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
Customer service: Our customer service is available for queries, complaints and claims on working days from 9 a.m. to 5 p.m. via phone at +44 117 332 1141 as well as via e-mail at firstname.lastname@example.org.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents:
- for injury to life, limb or health;
- for deliberate or grossly negligent breach of duty;
- for guarantee commitments, where agreed;
- insofar as the scope of application of the Consumer Rights Act 2015 is open;
- in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, due to slight negligence by us, our legal representatives or legal agents, the amount of liability is limited to the foreseeable damages at the time of contract conclusion, the occurrence of which must typically be anticipated.
Ceteris paribus, claims for compensation for damages are excluded.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.