Terms & Conditions
INTELLECTUAL PROPERTY AND ACCEPTABLE USE
All content included on the website, unless uploaded by users, is the property of Tawny Phillips. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following:
Retrieve, display and view the content on a computer screen.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Tawny Phillips
you must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
PROHIBITED USE
You may not use the website in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
LINKS TO OTHER WEBSITES
this website may contain links to other sites. Unless expressly stated, these sites are not under the control of Tawny Phillips or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
PRIVACY POLICY AND COOKIES POLICY
Use of the website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.
This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app.
For information about viewing the cookies dropped on your device, visit The cookies Squarespace uses.
These necessary and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this website to you. These analytics and performance cookies are used on this website, as described below, only when you acknowledge our cookie banner. This website uses analytics and performance cookies to view site traffic, activity, and other data.
For more insight, you may also want to read Squarespace’s Terms of Service https://www.squarespace.com/terms-of-service or Privacy Policy https://www.squarespace.com/privacy
aVAILABILITY OF THE WEBSITE AND DISCLAIMERS
Any online facilities, tools, services or information that Tawny Phillips makes available through the website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, I provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Tawny Phillips is under no obligation to update information on the website.
While Tawny Phillips endeavours to ensure that the website is secure and free of errors, viruses and other malware, I give no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers.
Tawny Phillips accepts no liability for any disruption or non-availability of the website.
Tawny Phillips reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
LIMITATION OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
I will not be liable to you in respect of any losses arising out of events beyond my reasonable control.
To the maximum extent permitted by law, Tawny Phillips accepts no liability for any of the following:
Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
GENERAL
You may not transfer any of your rights under these terms and conditions to any other person. I may transfer our rights under these terms and conditions where I reasonably believe your rights will not be affected.
These terms and conditions may be varied by me from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
SUPPLY OF GOODS TERMS AND CONDITIONS
Please read all these terms and conditions.
As I can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
APPLICATION
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Tawny Sculpture, Wimbledon Art Studios, 10 Riverside Yard, London SW17 0BB (the Supplier).
These are the terms on which I sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the website if you are eligible to enter into a contract and are at least 18 years old.
INTERPRETATION
Customer means an individual buying Goods from Tawnysculpture.com
contract means the legally-binding agreement between you and us for the supply of the Goods;
delivery location means the customer’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the website that I supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the website;
Privacy Policy means the terms which set out how I will deal with confidential and personal information received from you via the website;
GOODS
The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied as everything is handmade.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
PERSONAL INFORMATION
We retain and use all information strictly under the Privacy Policy.
BASIS OF SALE
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. I am not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to me giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
PRICE AND PAYMENT
The price of the Goods and any additional delivery or other charges is that set out on the website at the date of the Order or such other price as we may agree in writing.
prices and charges include VAT at the rate applicable at the time of the Order.
You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before the delivery of the Goods.
DELIVERY
We will deliver the Goods within the agreed period and, in any event, not more than 30 days after the day on which the Contract is entered into. The exception to this is bespoke commissions or work that is being personally customised for you. A lead time and anticipated delivery date will be provided at the point of order as some pieces take more than 4-6 weeks to dry out before firing safely.
REFUND POLICY
Tawny Sculpture wants you to be happy with your artwork. But if for any reason you aren’t, you can return it, at your expense, within 14 days of delivery, undamaged, for a refund (minus any shipping costs). Artwork must be sent back by tracked delivery in its original packaging or packaged securely and is your responsibility until it arrives. Please note, commissioned, bespoke or customised pieces cannot be returned.
pOSTAGE AND PACKAGING
All orders are wrapped and packed securely to prevent the artwork being damaged in delivery.
Shipping is included in the price of all original art. Shipping charges apply to all other costs and will be added at check out based on delivery address.
Items sent within the UK are sent by Royal Mail. With original art sent via Signed For delivery, meaning your order will be insured and protected and typically takes 2-5 days. Someone will need to sign for your parcel.
Original artwork sent to the rest of the world will be dealt with on a case by case basis – please email tawny@tawnysculpture.com for quotes. Pieces will be sent using UPS and DHL worldwide
DELIVERY TIMES
tawny@tawnysclupture will contact you with an estimated delivery date.
INTERNATIONAL CUSTOMS CHARGES
If you are outside the UK, you may be charged taxes and duties when your parcel arrives in the country. This is your responsibility to pay. Customs policies vary widely from country to country; you should contact your local customs office to find out more.
RISK AND TITLE
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
RIGHT TO CANCEL
Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 30 days after the first delivery.
To exercise the right to cancel, you must inform me of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement using the same means of payment as you used for the initial transaction.
PRIVACY
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can email: tawny@tawnysculpture.com
EXCLUDING LIABILITY
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
gOVERNING LAW, JURISDICTION AND COMPLAINTS
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.