Customer
Terms & Conditions
Interacting with our gallery and talented artists is a joyous experience, and we want to ensure you make the most of it.
Our terms and conditions are here to guide you through your journey, explaining how to purchase from us and your rights as a valued customer.
1. About these terms
1.1. These terms and conditions (the “Terms”) apply to the website www.thomas-ferdinand.com (the “Site”).
1.2. These terms are in addition to the Website Terms of Use, which can be found here.
1.3. Please read these terms and conditions carefully before you use the Site or place an order with us. They contain important information, including:
a. how we will provide you with the goods or services that you have ordered;
b. our payment terms and delivery times;
c. the situations in which this contract may be amended or cancelled by you or by us (including within a cooling – off period);
d. what you should do if there is a fault with the goods that we have provided to you, and;
e. how we will use your personal details ;
as well as other matters.
1.4. The word “goods” shall apply to both goods and services provided by The Thomas-Ferdinand Gallery.
2. About us
2.1. We are THOMAS-FERDINAND HOLDINGS LTD. and we run the Site. We’re a company registered in England and Wales with company number 11728277, whose registered address is at Rivers Lodge, West Common, Harpenden, AL5 2JD. In these terms we refer to ourselves as “we”, “us”, “our” or “ourselves”.
2.2. You can contact us via our contact form here . We respond to emails Monday – Friday, 10am – 5.30pm. Please note that communication received by post will not be responded to.
3. Personal data
3.1. For information about how we collect and use your personal information, please see our privacy notice which is available here.
4. Changes to these terms
4.1. We may change these Terms from time to time. You should therefore check these Terms each time you visit our Site for any changes. These Terms were last updated on 4th August 2023.
4.2. If you do not agree with the new/amended Terms then you must stop using the Site immediately. If you continue to use the Site, you agree to comply with the new/amended Terms.
5. Sale of goods and services
Order process and the contract between you and us
5.1. We only sell goods in the UK.
5.2. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods to you, which we will usually communicate by email. If we tell you that we cannot provide the goods to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods, and we have already received payment from you, then we will promptly refund you for any goods that we cannot provide to you.
About the goods
5.3. Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our Site, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
5.4. Many of our goods are handmade, which means that the size, colour dimensions or weight of the handmade goods may vary by up to 3% above or below the amounts quoted on our website.
Changes to goods
5.5. If you would like to make a change to the goods for which you have already placed an order, please contact us as promptly as you can via email . We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
5.6. In some circumstances, we may need to make minor changes to the goods that you ordered. As these are minor changes and will not affect your use of the goods we will not usually contact you about these. These minor changes are likely to be:
a. because we need update the goods to implement a change in the law or a regulatory requirement; and/or
b. because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods.
5.7. It is possible that, exceptionally, we may need to make a more major change to the goods. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 13 (cancellation terms) of these terms and conditions will apply.
6. Payment details
6.1. The price of the goods will be the price set out on our website at the time when you place your order.
6.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract section 13 of these terms and conditions will apply).
6.3. Any costs for delivery of the goods and other costs associated with the goods will be the amounts that were set out to you in the order process on our website.
6.4. When you need to pay us depends on whether the goods are one-off or provided on a subscription basis:
a. For one-off goods and gift cards, you must pay for them before we deliver them to you;
b. For Member membership subscriptions, you must pay annually, in advance;
c. For Companion membership subscriptions, you must pay once, in advance.
6.5. Access to the Site may be restricted or the Site may be unavailable to allow us to repair, maintain or improve the Site. We do not guarantee that access to the Site will be uninterrupted.
6.6. All payments are to be made via credit or debit card, via the cart on our website.
7. Delivery of goods
7.1. Before you place your order, on our product pages, we will let you know an estimated delivery timescale for when we will deliver the goods to you. Delivery and supply times may vary.
a. Memberships Subscriptions – You will be able to access your new benefits service within 15 minutes. You will be sent an email to confirm access to your new benefits.
b. Royalty-Free Stock Images – You will be able to download your images via your My Account within 15 minutes. You will be sent an email to confirm access to your images.
c. Gift Cards – An email will be sent to the recipient and the will be able to access their credit within 15 minutes. You will be sent an email to confirm payment and delivery.
7.4. We will contact you if we are delayed in delivering the goods to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods that you have paid for but not yet received.
7.5. If we cannot post the goods through your letterbox and/or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 14 will apply.
8. Responsibility for and ownership of goods
8.1. You will be responsible for goods from the point at which we deliver the goods to you, or if you have told us that you are collecting the goods, then from the point at which you collect the goods.
8.2. You will only own the goods once we have received full payment for them.
9. Third party sites
9.1. We will inform you in the description of the goods on our website, or during the order process, of information that we need from you in order to provide you with the goods. We will contact you to request this information.
9.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 14 will apply), or we may charge you for the additional costs that we incur as a result.
9.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods, or if we do not provide any part of them to you.
10. If there is a fault with the goods
10.1. We hope that you are satisfied with the goods that we have supplied to you, but if there is a fault with them, then please contact us using the details set out in section 2.
10.2. For up to 30 days if your goods are faulty, you can get an immediate refund. You must inform us within 14 days of receipt that your goods are faulty.
10.3. We must provide goods to you that meet your consumer rights. If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. For more information on these rights, you can contact Citizens Advice on citizensadvice.org.uk, Citizens Advice Scotland on citizensadvice.org.uk/scotland, you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
10.4. If you decide to exercise your consumer rights to reject goods due to a fault with them, then you must contact us to return the goods via post. We will then issue a returns label and pay for the costs of return in these circumstances. Any goods returned without notifying us, or without a returns label may be refused.
10.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 12.
11. Our liability
11.1. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence, for fraud, for breach of your legal rights in relation to the goods, or for providing you with defective items under the Consumer Protection Act 1987. This does not include negligence or any other liability caused by any Third Party.
11.2. If we do not comply with any section of these terms and conditions, or if we do not use reasonable care and skill in providing the goods to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
11.3. If we provide any advice to you, including in any instructions or manuals provided to you with the goods, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
11.4. We only provide goods for private and domestic use. We do not provide them for business or commercial use. If you do use the goods for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
11.4. Further information on our liability to you can be found in section 11 of our Website Terms of Use.
12. Cooling-off period and your right to cancel
12.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 13 below.
12.2. When you buy goods from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts Information, Cancellation and Additional Charges Regulations 2013) within the cooling-off period (explained in section 12.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 12.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
12.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on how you have ordered goods. It is also subject to certain exceptions that are set out in section 12.4 below. You can calculate the cooling-off period as follows:
a. For a one-off delivery of goods (including gift cards), you have up to 14 days after the day you receive the goods to cancel the contract;
b. For goods that have been ordered together but that are delivered to you separately on different days, then you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
c. For Membership subscriptions, you have up to 14 days after the day your account has ben upgraded to cancel the contract.
12.4. If any of the following circumstances applies to the goods that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods because you have changed your mind:
a. if the goods have been personalised or made to your specification;
b. if Royalty Free Stock Images have been downloaded;
c. if membership benefits have been used.
d. if any gift card credit has been used.
12.5. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 12.3). To do so, fill out the form that is available here and include your name, email address, address and order number, along with a clear statement of the product you wish to cancel.
12.6. If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind. Any returns will also be subject to a £2.99 processing fee. You will be sent a pre-paid returns label, and the cost of the return will be deducted from your refund. Any goods returned without notifying us, or without a returns label may be refused.
12.7. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods minus any delivery costs and return costs.
12.8. If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment that you used to pay us within 14 days of the day we receive the goods back from you.
12.9. We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. So, you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. Sealed items must remain sealed. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
13. Your rights to cancel the contract
13.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 12, if any of the following circumstances apply, you have the right to cancel this contract immediately:
a. we have informed you that there was an error with the price or the description of the goods when you placed the order, and you now do not wish to proceed based on the correct price or description;
b. we have informed you that we need to make a major change to the goods (see section 5.7) and you do not want to proceed with the change;
c. there is a significant delay in providing the goods to you, because of circumstances that are not within our control (see section 7.4);
d. we have informed you that we need to suspend the supply of goods to you for more than 30 days; or
e. you have some other legal right to cancel the contract because of something we have done.
If you do cancel the contract for any of the above reasons (section 13.1(a) to 13.1(e)), then we will provide you with a refund for any goods that you have paid for but we have not yet provided, or we may provide you with a refund for any goods that have not been properly provided to you.
13.2. If there is a fault with the goods that we have provided to you, please see section 10 of these terms and conditions.
13.3. If you are cancelling the contract for any other reason that is not set out in section 12 or section 13.1 or that is due to a fault with the goods (see section 10), then the contract will end immediately and we will provide you with a refund for any goods that you have paid for but not yet received. However, we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.
13.4. If you cancel the contract after we have dispatched goods, then you must first contract us, then return the goods to us by posting them back to us via the pre-paid label provided by us.
13.5. If you cancel the contract because of circumstances set out in section 13.1 or because there is a fault with them (see section 10), we will pay the costs of returning the goods to us. If you cancel the contract for any other reason including under section 12, you will be responsible for the costs of returning the goods to us. Return costs will be calculated according to product size and weight.
14. Our rights to cancel the contract
14.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
a. we are notified that your payment has failed after you order has been made;
b. you fail to make payment within 5 days of us telling you that payment has failed;
c. you do not allow us to deliver the goods to you and do not re-arrange delivery or collection of the goods;
d. you do not provide us with information that we have requested from you within a reasonable time (see section 9);
14.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 14.1), we will provide you with a refund for any goods for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you for any costs that we incur due to having to cancel the contract.
15. Membership subscriptions
15.1. Membership benefits cannot be exchanged for any individual monetary value.
15.2. We may decide at some point in the future to stop providing some membership benefits. If we decide to stop providing them, we will contact you at least 1 month before.
15.3. All membership payments are final, non-refundable and non-transferable.
15.4. “Lifetime” Companion memberships are limited to a period of 20 years.
15.15. Companion memberships are limited availability and are and subject to a fair-use policy. Memberships may be cancelled if there has been no purchase made within a 2 year period. Customers will be notified prior to cancellation of services.
16. Gift cards
16.1. By sending a gift card you are agreeing to supply The Thomas-Ferdinand Gallery with third party contact details. These will only be used to facilitate the delivery of the gift card.
16.2. All gift cards are in digital format only.
16.3. Gift cards are covered by our 14 day cooling off period. See section 12 for details and exclusions.
16.4. Gift cards are valid for 3 years and cannot be exchanged for any individual monetary value.
16.5. Any remaining credit on a gift card must be used and will not be refunded.
17. Content, workshops, events and courses
17.1. The content on our Site is posted for general information purposes on an ‘as is’ basis and is not intended to amount to advice on which you should rely.
17.2. The Thomas-Ferdinand Gallery provides access to information and services from third parties, which may include articles, events, workshops, courses, exhibitions, and other forms of data (referred to as “Third Party Content”). It is important to note that the Third Party Content available on our platform is not created or endorsed by The Thomas-Ferdinand Gallery. The inclusion of Third Party Content is solely intended for general informational purposes and should not be considered as a recommendation or solicitation to take or refrain from any specific action.
17.3. The Third Party Content made available on our platform is sourced from providers believed to be reliable. However, neither this Site nor the providers of the Third Party Content can provide guarantees regarding its accuracy, completeness, and/or timeliness.
17.4. By using the Content or attending physical Events or Workshops, you agree that neither the Site, any business on the Site, nor the providers of Third Party Content will be held liable for any decisions or actions you take based on such content. This includes any liability arising from delays, interruptions, incident, accident, or inaccuracies in the delivery of the Third Party Content.
17.5. You should always obtain your own professional advice before taking any action or refraining from doing something based on the content of our Site.
17.6. We use reasonable endeavours to provide content which is up to date, but we do not warrant, represent, promise or guarantee that the content on our Site is up to date or accurate.
18. General
18.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
18.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
18.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
18.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
18.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
18.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
18.7. If you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link.
