Terms & Conditions
1. Dispatch Policy
While every effort will be made to ensure that all items shown are in stock I offer no guarantees of availability and this electronic publication does not constitute an offer for sale. I aim to dispatch artwork within 3 to 5 days. If I'm unable to despatch your order within 14 days, I will contact you by e-mail with an estimated despatch date and offer you the option of cancelling the order.
2. Prices and Tax
The price shown for the goods does not include postage and packing.
The price you pay will include VAT for all orders.
3. Cancellation and Returns
I want you to be completely happy with your artwork.
Because each piece is unique and made to order, returns or cancellations are not accepted if you simply change your mind. This means the usual 14-day cancellation period under the Consumer Contracts Regulations may not apply.
However, if your artwork arrives damaged or not as described, please contact me within 7 days of delivery, including photographs if possible. I’ll be happy to arrange a replacement or refund, depending on the circumstances.
To be eligible for a refund or exchange, the artwork must be returned in its original packaging and in the same condition in which it was received. Refunds will be processed once the item has been safely returned and inspected.
4. Sold as Seen
The colours and overall reproduction of the prints, may vary slightly from that shown on the website due to limitations of browser software and monitors. If you are unsure i'm happy to send more photos or even supply a video.
5. Confidentiality
All confidential information, including credit card details, is held securely and transmitted only in encrypted form. Customer details are not passed to third parties and are used only in accordance with the privacy policy
6. Indemnity
You agree to indemnify us against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site.
7. Jurisdiction
The Contract will be governed by the laws of England and Wales and the parties to the Contract submit to the jurisdiction of the English Courts.
8. Consumer Rights
None of the above Terms and Conditions affects your statutory consumer rights.
9. Company information
Thomas Butler, 202 ladybird apartments, 76 Eltham Road London SE12 8UE.
tombutlerprints@gmail.com 07789818232
Terms and Conditions as applicable only to sales to non wholesale customers.
10. Print Resales
Please note these terms are supplemental to the terms of any order between you and Tom Butler Prints in respect of the transfer of title and risk in any prints purchased from us online or in person. Title and risk of prints shall only pass to you as a customer on completion of delivery of the prints by us. Until delivery has been completed and confirmed in writing by us (or any delivery agent acting on our behalf) we remain the owner of the print and it must not be listed for resale by you for any reason.
In the event we are unable to fulfil delivery of prints ordered by you, your order shall be cancelled and you will receive a full refund.
Reasons for failure to fulfil an order may include (but are not limited to): unavailability of prints, removal of listing by the artist, you listing the print for resale prior to completion of delivery, failure of delivery agent.
11. Artist Resale Rights
Artwork sold by Tom Butler may be subject to the Artist's Resale Rights Regulations 2006 (implementing Directive 2001/84/EC of the European Parliament and the Council of 27 September 2001). You must not offer for resale any works purchased from Tom Butler without confirming obligations to make royalty payments to artists.
Subject to the terms of our Privacy Policy, we reserve the right to share sale information with collection agencies including the Design and Artists Copyright Society (DACS) and the Artists Collecting Society (ACS) to enforce and protect artists’ rights.
12. Anti-Money Laundering Policy
The government has introduced new anti-money laundering measures which has been in effect for art dealers, galleries and their clients since 10th January 2020 throughout the EU.
We have to take, and be seen to take, all reasonable steps to mitigate the risks of money-laundering occurring in the course of our business, including the risks of being paid with illegally obtained funds.
As part of these obligations and before the completion of any sale amounting in £8,000 or above, we will be legally obliged to carry out identification and Customer Due Diligence on the client(s) making the purchase. These checks are broadly similar to those carried out by banks when you open up a bank account and have already been put in place by the major international auction houses.
For individuals, we will require a copy of a valid photo identity document such as a passport, driving license or national ID card which confirms their full name, date of birth, nationality and proof of permanent residential address. For companies, we will require company details including evidence of incorporation, directors and the ultimate beneficial owners. In a situation where an agent/advisor is acting on behalf of a buyer, we may be required to identify the ultimate buyer in addition to the agent.
Payments received by the gallery will have to be received from a bank account held in the name of the person or entity named on the invoice. In the event that you wish for a third party to pay for a purchase on your behalf, you will have to seek our prior authorisation to do this and if the information you provide to us doesn’t meet with these new legal requirements, unfortunately we will have to reserve the right to refuse third party payments.
Please understand that we are now obligated to do this for all our clients spending more than £8,000, even those with whom we have dealt in the past, but rest assured that we will do our best to make the process as quick and efficient as we possibly can.
We assure you that the information which you provide to us will be held and processed in accordance with our privacy policy and will remain secure and confidential at all times.
The business is regulated under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, per Amendment no. 1511 (2019). The reference number as a supervised business is XFML00000162304. Accordingly, for qualifying transactions and in certain situations, Tom Butler Prints will be required to collect information necessary to comply. The completion of sales is contingent on the provision of such information by customers, and any suspicious activity will be reported to the National Crime Agency.
If you have any questions please contact us: tombutlerprints@gmail.com
13. Payment Terms
Payment must be made in full before dispatch. All transactions are processed securely. If payment is not received within 7 day of order confirmation, the order may be cancelled.
14. Intellectual Property
All intellectual property rights in the artwork, including but not limited to copyright, remain with the artist, Tom Butler. Purchase of an artwork does not confer any rights of reproduction, licensing, or commercial use unless explicitly agreed in writing.
15. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the use or purchase of any artwork from this website. Our total liability shall not exceed the amount paid for the artwork in question.
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, strikes, government actions, or disruption of transport or communication networks.
I reserve the right to update or modify these Terms and Conditions at any time. Any changes will be posted on this page with an updated revision date. Continued use of the website and purchase of artwork constitutes acceptance of those changes.
View our full Privacy Policy for more details on how your information is used and protected.