Terms And Conditions

Agreement:

Emma Plunkett (Hereinafter referred to as “missplunkett.tv”) agrees to supply one or more original water colour paintings, poems, digital canvas prints, video clips, fine art, prints and / or other materials depicting images generated by missplunkett.tv (Hereinafter referred to as “Goods”) to a private purchaser, collector, gallery, company, agent or other legal entity, (Hereinafter referred to as “Buyer”) solely on the basis of the following Terms & Conditions of sale, in the absence of any other such Terms & Conditions specifically agreed in writing by missplunkett.tv, which shall constitute the entire agreement between missplunkett.tv and Buyer.

In accepting to proceed with purchase, Buyer confirms that it is fully aware of and will abide by all conditions as defined within these Terms and Conditions.

Buyer also agrees that any subsequent re-sale of Goods shall be made contingent to these same Terms and Conditions and the subsequent Buyer shall be made aware of and shall agree to be bound by them accordingly.

Copyright:

Ownership of Goods does not in itself entail any right to reproduce it in any form, in whole or part. It is the normal Industry practice and International Law for such copyright to remain with the artist. No reproduction rights whatsoever are imparted with the sale of Goods and the copyright of all images will remain with missplunkett.tv unless specifically prior agreed in writing by missplunkett.tv.

Buyer also agrees to indemnify missplunkett.tv in the event of unauthorized reproduction of Goods, arising from its possession.

Ownership:

Ownership of Goods remains with missplunkett.tv until the receipt of payment in full by missplunkett.tv, regardless of the method of transfer of funds, whereupon it passes to Buyer.

Notwithstanding the above, the risk in Goods passes to Buyer only upon delivery.

Taxes and other duties:

Prices quoted are inclusive of VAT and any other duties associated with dispatch of Goods from within the EU. However, import duties and / or Customs duties imposed within non EU destinations are Buyer’s responsibility.

Shipping:

Goods will be dispatched within five working days of payment receipt and Buyer will be simultaneously notified of dispatch along with the courier’s tracking details and an expected date of delivery. All risks remain with missplunkett.tv and its agents until Goods are delivered.

Notwithstanding the above, missplunkett.tv will accept no responsibility in respect of non-delivery of Goods, unless Buyer notifies missplunkett.tv and the relevant carrier within seven days of the expected delivery time advised in the notice of dispatch.

Insurance:

All Goods are fully insured by missplunkett.tv against damage or loss whilst ever in the possession of missplunkett.tv and during shipment to Buyer.

Export / import restrictions:

It is Buyer’s responsibility to determine any import restrictions that may apply within the destination country, relevant to the specific Goods being ordered, before placing an order with missplunkett.tv. missplunkett.tv cannot accept any responsibility whatsoever for Goods confiscated within country of delivery and not returned intact to missplunkett.tv. Notwithstanding the above, missplunkett.tv and its agents will make every effort to check any such restrictions that may apply and notify buyer accordingly at the time of order.

Cancellations:

Buyer may cancel the order at any time prior to shipment for a full refund without charge, other than any payment processing costs.

Defective goods:

Goods must be fully inspected immediately upon delivery and any loss or damage noted on the carrier’s delivery documents at the time of signing for Goods.

If packing is damaged upon delivery, Buyer should take photographs of the damaged packaging. If Goods are damaged upon unpacking, Buyer should take photographs of the damage.

If Goods are accepted without inspection, this must be stated on the carrier’s delivery documents at the time of signing for Goods, though carrier then has no further responsibility for damage or loss.

Buyer must notify missplunkett.tv and the carrier of any loss or damage to Goods in writing within three days of receipt of Goods.

missplunkett.tv will either remedy all damages without cost to Buyer, provide alternative replacement Goods with a credit payment or at an additional charge for the balance if the value differs from that of the original, or credit Buyer in full, entirely at Buyer’s discretion.

Warranty:

missplunkett.tv will repair, replace or give credit, at the sole discretion of missplunkett.tv, all Goods which are defective in design, workmanship or material within one year following receipt of Goods by Buyer. All replacement and repairs shall also be covered by a further one year warranty.

Returns:

Buyer may return Goods for a full refund (less any shipment and payment processing costs) within 14 days if not entirely satisfied. However the liability for the value of Goods remains with Buyer until missplunkett.tv or its agent signs for receipt of the returned Goods.

Resale:

Law stipulates that the Artist’s Resale Right entitles an artist to a resale royalty each time their art work is sold by an auction house, gallery or dealer.

Privacy policy:

Any information given to us by Buyers or potential Buyers in the course of enquiry or purchase will remain strictly confidential and will be used by missplunkett.tv only to facilitate the completion of purchase. missplunkett.tv will not subsequently make any unsolicited contact with Buyer of others, or disclose information to any third party except in response to legitimate demands from law enforcement or other Government agencies.

Laws:

Purchase of Goods and interpretation of these Terms & Conditions shall be governed by the Laws of the European Union.

missplunkett.tv, as a minimum, adheres fully to the requirements of The Consumer Protection (Distance Selling) Regulations 2000 and abides by the code of ethics of the Fine Art Trade Guild.