Terms and Conditions
1. OVERVIEW
1.1 www.classifiedmatter.com (the “Website”) is operated by Classified Matter Editions, fine art print studio based in London, UK. The Website enables you to view and buy limited edition prints made exclusively by contemporary artist Damir Polic.
1.2 The Website and store are hosted on Shopify Inc. who provide the online e-commerce platform that allows Classified Matter to sell artwork to you.
1.3 The Terms and Conditions set forth in this document apply to all users of the Website. By visiting, accessing or using any part of the Website you, the user, agree to be bound by these Terms and Conditions. Please read carefully.
2. DEFINITIONS
In these Terms and Conditions:
2.1 “We”, “us”, “our” or “seller” means Classified Matter Editions; 2.2 "Artist" means Damir Polic;
2.3 “Artwork” means all pieces of original art and/or limited edition prints displayed and offered for sale as described on the Website and which the Buyer agrees to buy from the Seller;
2.4 “Buyer” means the person, business and/or organisation who uses the Website and may buy Artwork;
2.5 “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers;
2.6 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks (whether or not registered), know-how, confidential information or process, any application for any of the above and all other forms of intellectual property rights and similar or analogous rights existing under the laws of any country and as such recognised and enforceable in any part of the world, whether or not presently existing, registered or applied for, which are held by the owning party;
2.7 “Order” means the Buyer’s order for the Artwork from the Seller;
2.8 “Order Confirmation” means the email confirming the Buyer’s order and will confirm such details as order summary (what the Seller has agreed to supply including the price, quantity, shipping charges and applicable taxes) and customer information (the Buyer’s name including billing address, shipping address, shipping method and payment method);
2.9 “Price” means the listed price together with other charges such as postage, packing and insurance quoted by the Seller or as may apply in accordance with these conditions in force at the date and time of the Order;
2.10 “Consumer” shall have the meaning as ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
2.11 “Mainland UK” includes many delivery addresses in England, Wales, Northern Ireland and mainland Scotland but does exclude some postcodes. Please contact us at hello@classifiedmatter.com or via contact page and confirm those excluded postcodes prior to ordering;
2.12 “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by the Seller, which is insured to at least the value of the sale price of the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt;
2.13 “Terms and Conditions” means these Terms and Conditions which also incorporate all policies displayed on the Website and will also include any special terms and conditions agreed in writing by the Seller;
2.14 “Website” means the website and all content at www.classifiedmatter.com
3. CONDITIONS
3.1 These Terms and Conditions (which also incorporate all of the policies displayed on the Website) shall apply to the use of the Website and purchase of Artwork and prevail over any other agreement, documentation or communication whatsoever between the parties and can only be varied if agreed in writing by the Seller. Any special conditions which apply will be set out in the Order Confirmation.
3.2 Nothing in these Terms and Conditions is intended to affect the statutory rights of any Buyer dealing as a consumer.
3.3 From time to time these Terms and Conditions may be changed and it is your responsibility to check the Terms and Conditions which apply as at the time of the order. Classified Matter also advises you to print these Terms and Conditions as soon as you have placed the order.
4. THE ARTWORK
4.1 All artwork sold on the Website is exclusively published by Classified Matter Editions and is hand-signed and numbered by Artist. Each limited edition print is embossed and comes with a Certificate of Authenticity. To protect security and genuineness of our published limited edition prints and reduce risk of forgery we use a corresponding serialized numbered holograms which can be found on the back of each limited edition print and its accompanying Certificate of Authenticity.
4.2 Please note that the images on the Website are for illustrative purposes only. Although every effort was made to display the colours of the Artwork which appear on the Website as accurately as possible, no guarantee can be made the colours of the Artwork supplied will exactly match the colours displayed on the Buyer’s computer, tablet or smartphone display (including any other device used for accessing and displaying the Website and/or any printing device used to print the images of the Artwork found on the Website). These images are published for the sole purpose of giving you an idea of what the artwork looks like and they shall not form part of the contract or have any contractual force.
4.3 All artwork descriptions and dimensions listed on the Website are intended to be as accurate as possible. However, sizes can vary from print to print. Please do not purchase pre-made frames in advance of receiving and thoroughly checking an Artwork. The Seller cannot be held accountable for any framing costs incurred in any circumstances.
4.4 Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether expressed or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
5. PRICES
5.1 All prices are as stated in GBP (£) and subject to change at any time without notice. As is traditional in edition publishing, prices will rise as the edition begins to sell out. 5.2 The price payable for the Artwork you order is as set out in store, plus any charges for delivery if applicable. 5.3 While we endeavour to show accurate availability of stock, levels are subject to change and in the unusual event of any order being placed for an out of stock edition a full refund will be given.
5.4 In the event that a Classified Matter Editions item is mistakenly listed at an incorrect price due to a typographical error, Classified Matter reserves the right to refuse or cancel any orders placed for artwork listed at the incorrect price. Classified Matter Editions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Classified Matter Editions shall issue a refund in the amount of the incorrect price.
6. PAYMENTS AND ORDERS
6.1 You can pay for the Artwork using all major debit and credit cards as well as Apple Pay, Google Pay and PayPal.
6.2 All payments are handled and processed by Shopify Payments. Shopify Payments is PCI compliant and supports 3D secure checkouts.
6.3 All payments are processed in GBP (£) for the full price of the Artwork inclusive of any applicable UK VAT or taxes and any shipping charges as stated and displayed on the Website at the time of the purchase and charged immediately.
6.4 The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Artwork ordered.
6.5 Once your order has been accepted and processed you will be provided with an Order Confirmation email.
7. DELIVERY
7.1 The place for delivery of the artwork will be as shown at checkout and on the emails confirming both receipt and despatch of your order. The normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of the Seller.
7.2 Classified Matter Editions will endeavour to process and ship the purchase Order within 5 days of Order Confirmation.
7.3 Delivery times are estimates and not guaranteed. If delivery of the artwork is delayed then the Seller will contact you to let you know and will take steps to minimize the effect of the delay.
7.4 Free UK shipping can be to an address in Mainland UK. Please contact us at hello@classifiedmatter.com or via contact page and confirm whether the address you wish to use for delivery qualifies for this before placing your order. There will be an extra charge for other delivery services, and delivery to any address outside Mainland UK.
7.5 Although you may have a choice of delivery options, where applicable (such as exercising certain consumer rights), only any basic delivery charges (the lowest cost) paid by you are refundable, unless the Artwork that is supplied to you is damaged or faulty.
7.6 The Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the artwork, or any part of the artwork, however caused. In the event of delay, the Seller will communicate a new delivery date to the Buyer as soon as reasonably possible.
7.7 The Seller will insure or arrange for the insurance of the artwork from the time of despatch until delivery of the Artwork to the Buyer up to the value of the price the Buyer paid for the Artwork.
7.8 The Buyer must inspect the Artwork on delivery and, in the case where the Artwork has been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of the Artwork indicated on that document free from any apparent defect or damage. If the Artwork is alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
7.9 The Buyer is responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork.
7.10 The Artwork will be the Buyer’s responsibility, and the Buyer will own the Artwork, from the time the Artwork is delivered to the shipping address provided to the Seller by the Buyer. Title in the Artwork including risk of damage or loss of the Artwork will pass to the Buyer at that point.
8. INTERNATIONAL SALES AND DELIVERY
8.1 This applies to all Buyers who are not UK residents and/or want the Artwork to be shipped outside the UK.
8.2 All prices on the Website are displayed in British Pounds GBP (£) and so you will be paying using GBP (£).
8.3 If and where the Website displays a currency converter then this is only a guide/estimate because if your own payment method is not GBP (£) but, for example in Euro (€) or US Dollar ($), then your payment method provider may make a charge, such as foreign transaction fee, for paying in GBP (£) and they will also calculate the rate of currency exchange.
8.4 Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.
8.5 You are solely responsible for complying with all applicable laws, regulations and requirements which apply to the country where the delivery address is located. Classified Matter will not be liable or responsible if you break any such law.
8.6 Your order may be subject to import duties and taxes which are applied when the delivery arrives in the destination country. Please note that the Seller has no control over these charges and cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.7 If your destination country is not listed at the checkout, please contact us at hello@classifiedmatter.com or contact page so alternative arrangements to ship the Artwork to you can be made, where possible.
8.8 Please remember to allow extra time for delivery of your Artwork.
9. RETURNS, REFUNDS, EXCHANGES AND CANCELLATIONS
9.1 Classified Matter Editions is confident you will be satisfied with your purchase however if not, you have 14 days after the day you receive the Artwork to change your mind and cancel your Order. These are statutory rights under The Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013. Please note these rights do not apply to purchases made by businesses and organisations.
9.2 You may request to cancel an order for Artwork within 24 hours of it being placed by emailing hello@classifiedmatter.com. If cancellation is possible we will, at our discretion (pending whether the Order has already been processed and despatched) either elect to cancel the order and refund you immediately, including shipping costs, or we will inform you to follow the normal returns policy.
9.3 To exercise your right of return within 14 days of receipt please follow the steps below:
9.3.1 Email hello@classifiedmatter.com within 14 days of receipt stating: (a) Order Number (b) Artwork Title (c) Reason for Return and (d) Request for Exchange or Return.
9.3.2 All artwork must be returned unused and in perfect condition with the original packaging (which you should retain for the purpose) within 14 days of the date you advise us of your cancellation, at your expense to the postal address as provided on the invoice. We always advise that you return the Artwork using a service which provides you with proof of sending and insure it to the purchase value of the Artwork. We cannot accept responsibility for loss or damage to returned Artwork whilst in transit.
9.3.3 Unless your item is faulty or we have agreed otherwise with you prior to you returning the Artwork, then you will be responsible for the costs in returning the item to us.
9.3.4 We ask you to repackage the Artwork in its original packaging securely, to guard against damages and remove original shipping labels. You will be held liable for any damage to the Artwork caused on return, or anytime after the Artwork is delivered to you.
9.3.5 The law enables the Seller to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.
9.3.6 Unless you have lost the right to cancel, when you cancel an order for Artwork we will refund the amount you paid for the Artwork and the standard delivery costs (the lowest cost option we provide).
9.3.7 Where you cancel an Order for Artwork then we will refund you within 14 days of (a) the date we receive the Artwork or (b) the date you supply us with evidence of having sent the Artwork back to us - whichever is sooner.
9.4 All orders found to be faulty or not as described must be reported to hello@classifiedmatter.com with detailed, clear photographs (in case of damage please include photographs of any damaged areas of the Artwork, as well as the original packaging it was delivered in) within 14 days of receipt otherwise all guarantees and insurance are expired.
9.5 All orders found to be faulty or not as described will be refunded in full within 14 days of receiving returned Artwork and us agreeing in writing that you are entitled to a refund.
9.6 Refunds are made using the same payment method that you used to pay us and processed in GBP (£). We cannot be held accountable to changes in exchange rates.
10. LIMITATION OF LIABILITY AND INDEMNITY
10.1 Nothing in These Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.
10.2 We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Artwork.
10.4 You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.
10.5 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control (“Force Majeure Events”). Force Majeure Events shall include, but not be limited to Act of God, strikes, lock outs, lock downs, accidents, war, government intervention, directives or policies, and the Seller shall be entitled to a reasonable extension of its obligations.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The content of the Website and the trademarks, service marks and logos contained therein, are owned by or licensed to Classified Matter Editions and are subject to copyright and other intellectual property rights under all United Kingdom and foreign laws and international conventions.
11.2 The Artist, Damir Polic, owns copyright and reproduction rights on all Artwork exhibited and sold on the Website.
11.3 The content on the Website is provided to you AS IS for your information and personal use only and may not be copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of Classified Matter Editions and the Artist or as expressly provided herein. Classified Matter Editions and the Artist reserve all rights not expressly granted in and to the Website and the content contained therein.
12. GOVERNING LAW
These terms and conditions are governed by the laws of England and Wales and may not be varied except by agreement in writing. The parties hereto submit to the exclusive jurisdiction of the English Courts.