Smarty Art Terms and Conditions of Sale

Terms and Conditions of Supply

This site and availability of the purchase of products is directed at UK customers only. If you are not resident in the UK, please do not use this site.

These terms and conditions and content on our website may be updated at any time. It is your responsibility to check periodically for any changes and then agreeing to our latest version before using our site(s) and services.

By continuing to browse our website, it means you have accepted our terms and conditions. If you do not agree to the terms and conditions in their entirety, you must not use our website.


Purchases

No order for goods shall be binding upon us unless and until it has been accepted by us in writing. We reserve the right to refuse to supply our goods to you, or decline any order placed with us at our discretion and without reason.


Availability of Products

All goods are subject to availability and may be withdrawn at any time. If, for any reason, the goods ordered are not available, then you will be offered the choice of an alternative product or a refund. We cannot be held liable for compensating you any losses you incur due to our inability to supply the requested goods.


Description of Products

We have taken care to ensure that all details, descriptions and prices on our website are correct, however, errors do occur and we reserve the right to update any omissions or incorrect information at any given time, without prior notice to users. If you require further information or pictures of a product to determine its suitability for you prior to purchasing, please do not hesitate to contact us via any of our channels on the ‘contact us’ section.


Prices

All costs are in UK pounds (sterling) and are inclusive of UK tax at current rates. Goods listed are new condition unless otherwise explicitly stated within the description. Prices are subject to change at any time before your order is accepted in writing. In the rare event that a product has been listed at the incorrect price, we reserve the right to refuse or cancel any orders at which the listed price was incorrect, even where the order has been auto-confirmed by the payment system. We will subsequently re-imburse your card or payment method with a full refund.


Delivery

All quoted delivery times are estimates only and cannot be relied upon. We cannot be held financially liable for any delays in delivery or any costs you may incur due to a product not arriving by the estimated date. We aim to despatch all orders within 5 working days of written confirmation of your order or cleared funds (whichever is the latter). All goods shall remain our property until paid for in full. You must give us a legitimate address within the UK. We will not despatch goods for which addresses are clearly false or incomplete, or outside of the UK. In such cases, we will attempt to contact you with the information you provided and if we do not receive a response within 48 hours, we will immediately refund your payment in the same form you paid us. Please see our more detailed information RE postages here, which form part of these Terms and Conditions and the binding agreement between you and Smarty Art.


Payment

Payments are accepted on most major types of debit and credit card. We use iZettle’s secure payment system to process your card payments (part of the PayPal group) both for face-to-face transactions and on our website. iZettle’s servers also store any further details you include at the checkout process (e.g. postage address, if entered). Please see our privacy policy for further information. Please note that iZettle handles your payment and we do not have access to the full payment information – just whether your payment has been authorised or declined. We cannot accept responsibility for any delays or release goods if the information entered by yourself into the system is incorrect, fails to ‘clear’ or has been declined during the process. Likewise, should iZettle inform us your payment method has not been accepted, or been cancelled or reversed, then we will not despatch goods until full and proper payment from you has been received.

You may also transfer money directly into our bank account (BACS payment). For example, if you do not agree to iZettle’s terms of use, privacy policy etc. Please process your order on the website where possible using the ‘click and collect’ function and then contact us with your order number and additional requests or comments (e.g. postal address). We will send you the details you need to then manually make the transfer, either by visiting a branch, or by using your own online banking app or portal etc. We must have received cleared funds into our account at least one working day before we will despatch your goods (which allows us time to pack and send them the following working day). This also applies to our ‘borrow-a-box’ service and other click and collect items.

You may still choose to pay in cash for face-to-face transactions. Please do not be offended – we check all £50 notes. However, smaller change is preferred, thank you! Due to Covid-19, you may prefer to bring the exact amount, where known (e.g. pre-ordered goods online).

We can still accept cheques! However, they will need to fully clear before we will despatch goods, so please allow approximately 2 weeks, and in any case, 10 working days before we will despatch your goods.


Invoices and Receipts

When you place an order on our website, you will receive an electronically produced receipt of the order you just placed which includes a description of the items, any delivery charges and the price(s) in UK pounds sterling. (Please contact us if you realise you wish to amend the order as soon as possible and within an hour of placing the order, where possible, because where the payment has been authorised, we may have already started processing your order for despatch).

We will raise an invoice if you order goods outwith the website (e.g. by phone) or if you owe us money (e.g. a ‘Borrow-a-box’ is not returned). We may also use our system to generate this receipt or invoice whereby we have had sufficient time to enter the transaction into our system prior to collection of items (e.g. for easier stock control). For cash purchases we can give you a till receipt.

Please note that these will not include a VAT breakdown, since we are not a VAT registered company.


Cancellations and Charges

We follow UK distance-selling rules for online purchases and direct selling laws when you purchase face-to-face.


Non-faulty goods and your rights to return them

Private UK customers (i.e. non business) have rights under UK Acts and Regulations. For full details, these documents should be consulted, however, in summary these include the following:

  • The right to cancel must be exercised on or before the end of the seventh working day following the delivery of the goods.
  • Notification of the wish to exercise the right to cancel (including your order number) must be received by us at [email protected] or to Smarty Art, 39 High Street, Grantown-on-Spey, Moray, PH26 3EG.
  • Certain goods cannot be returned (e.g. commission pieces) as they have been made to the customer’s own specifications, also includes any perishable goods.
  • Prior to returning, you must keep the goods in excellent, re-saleable and brand new, unused condition.
  • Customers wishing to return non-faulty goods must also arrange and pay for the return of the goods to us, in a re-saleable condition in undamaged packaging to our business address as soon as possible. (In the extremely rare event that we do arrange for uplift, this cost will be deducted from any refund due to you).
  • Subject to compliance with the above, customers will be entitled to a full refund of the unused returned items (less any postage and packaging charges) via the method of payment we received from you for the initial purchase.

We reserve a right to refuse to accept or refund any goods which have been used.


Faulty or damaged goods, or where a shortfall upon delivery has occurred.

Where the aforementioned has occurred, we must be notified within 7 days of receipt for replacements to be sent free of charge. (We may request photos e.g. courier damaged parcel). Please see our ‘Postage’ section of our information and guidance document (which forms part of our full Terms and Conditions) for more details. No claim will be accepted outside this time limit, so please do not order a parcel (before you go on holiday etc) which you cannot check! Subsequent deliveries are subject to the safe return of any faulty or damaged goods, or the provision by you of proof of a shortfall, as me may reasonably request or require. Where we request that you return faulty or damaged goods, we will reimburse you the reasonable postage charges incurred to return them. (We advise by Second Class Royal Mail – please see our ‘postages’ section of our information and guidance document for more details). All goods you return to us are at your own risk (e.g. please ensure your couriers insurance covers the cost of items inside the returned parcel, as should it go missing you will need to be re-imbursed by them, not us).


Guarantees

Due to the nature of the handmade and unique ceramics, we do not offer any guarantees as to the longevity of your product. For further information, please also see the ‘Guarantee’ and ‘Problems’ sections within ‘Smarty Art-Specific Information and Guidance’, which forms part of these terms and conditions. No guarantees come with other products sold on our site, unless otherwise offered by the manufacturer of the item. However, should a product not meet your expectations, please contact us and we will try our best to resolve the issue.

Questions and comments can be submitted to us via any of our channels in the ‘Contact Us’ section.


Force Majeure

Excepting everything herein listed in all of our Terms and Conditions, we will not be liable for any failure or delay in performing our obligations if it is due to an event beyond our control. This includes, without limitation, acts of God, war, courier delay, fire and flood, national emergencies or enforced legislation, industrial disputes, extreme weather etc. If delayed due to events beyond our control, we will be entitled to a reasonable extension of time to fulfil any of our obligations. Delivery dates are only approximate indications; we will not be liable for any losses suffered, expenses, costs, charges or damages by the delay of your receipt of the goods.