Terms & Conditions

1. About these Terms

These Terms & Conditions apply to your use of the ViewMyArt website and to orders placed through ViewMyArt for artwork, fine art prints and related products.

Please read these Terms together with any information displayed on the relevant product or artwork page, including descriptions, prices, available sizes, edition information, delivery information and any additional terms presented during checkout.

Where these Terms refer to "ViewMyArt", "we", "us" or "our", they mean Daniel Wesoly, trading as ViewMyArt. Where we refer to "you" or "your", we mean the person using the website or placing an order.

Nothing in these Terms removes or limits any consumer right that cannot legally be excluded or restricted.

2. About ViewMyArt

ViewMyArt is a trading name used by Daniel Wesoly.

ViewMyArt operates an online platform through which customers can discover artwork created by independent artists and order physical prints of that artwork.

For a print sold by an independent artist, the artist identified as the seller for that item is the seller under the sales contract. ViewMyArt acts as the artist's disclosed agent in accordance with the Artist Seller and Agency Agreement accepted by that artist.

Acting on an artist's behalf, ViewMyArt may display listings, receive and process orders, communicate order acceptance, collect payments, arrange or carry out print production, organise packaging and delivery, and provide order-related customer service.

ViewMyArt may also provide platform, production, fulfilment and administrative services to artists under separate arrangements. Providing those services does not, by itself, make ViewMyArt the seller of a print identified as sold by an artist.

Before you place an order, the seller for each print will be identified and the relevant seller information will be made available as required by law. If ViewMyArt is expressly identified as the seller of a particular item, ViewMyArt is the seller of that item.

3. Using the website

You may use ViewMyArt for lawful purposes only.

You must not:

• use the website for any unlawful, fraudulent or abusive purpose;
• attempt to gain unauthorised access to the website, its server or another customer's account;
• introduce malicious software, code or other harmful material;
• interfere with the operation or security of the website;
• use automated systems to scrape, copy or collect substantial amounts of website content without permission;
• copy, reproduce or commercially exploit artwork or other protected content without the necessary rights or permission;
• submit content that infringes another person's rights or is unlawful.

We may suspend or restrict access where we reasonably believe that the website is being misused or these Terms are being breached.

4. Artwork and independent artists

ViewMyArt provides a platform for independent artists to display their work and for customers to purchase prints of that work.

For a print identified as sold by an independent artist, that artist is the seller and the sales contract is between the artist and the customer. ViewMyArt acts as the artist's disclosed agent for the order-related activities described in these Terms and in the artist's agreement with ViewMyArt.

Each artist is responsible for having the rights and permissions needed to offer their artwork for sale, for the accuracy of information they provide, and for complying with the legal obligations applicable to them as seller.

An order may contain prints sold by more than one artist. In that case, your order may comprise separate contracts with the relevant artists, even if ViewMyArt presents the checkout, payment and fulfilment process together.

Unless expressly stated otherwise, purchasing a physical print does not transfer copyright or other intellectual property rights in the underlying artwork to you.

Buying a print gives you ownership of the physical item supplied. It does not normally give you the right to reproduce, scan for commercial reproduction, or otherwise commercially exploit the artwork itself.

5. Intellectual property and copyright

Artwork displayed through ViewMyArt may be protected by copyright and other intellectual property rights.

Copyright normally remains with the artist or other rights holder unless ownership has been expressly transferred.

You must not reproduce, distribute, sell, publish or otherwise commercially exploit artwork obtained through ViewMyArt without permission from the relevant rights holder.

The ViewMyArt name, branding, website design, text, graphics, page layouts and other website content may also be protected by intellectual property rights.

6. Artwork descriptions and images

We aim to ensure that artwork titles, descriptions, dimensions, photographs and other information displayed on the website are accurate and kept up to date.

However, the appearance of artwork on your screen can vary according to your monitor, device, display settings and colour calibration.

Printed output may also vary slightly from what is displayed on screen because digital displays and physical printing processes use different methods of producing colour and tone.

Minor differences in colour, tone or appearance that arise from normal screen-to-print differences will not necessarily mean that the print is faulty. This does not affect your statutory rights where a product does not conform to the contract.

7. Products and print sizes

ViewMyArt may offer standard print sizes together with custom-sized prints where the artwork and product allow this.

The available sizes, materials, finishes, borders and other options will be shown on the relevant artwork or product page.

Measurements displayed on the website refer to the finished print or the artwork area as described during the ordering process. Where a border is selected, the finished paper size may be larger than the artwork area.

You are responsible for checking the selected dimensions and options before adding the product to your basket and completing your order.

8. Limited editions

Some artwork is offered as a Limited Edition. The edition size is shown on the relevant artwork page.

A Limited Edition is limited to the stated number of physical prints. Once the available edition has been sold, no further prints should be produced as part of that edition.

Edition information is based on information provided by the artist and records maintained for the artwork.

Once an edition has begun selling, the edition size should not be reduced below the number of copies already sold.

Where an individual edition number or other identifying information forms part of the product supplied, it may be shown on the physical print or supplied separately where applicable.

9. Custom-sized prints

Some artworks can be printed to a size selected by the customer.

When ordering a custom size, you are responsible for entering the dimensions you require and reviewing the resulting finished print size shown before adding the product to your basket.

The available size range may be restricted by the proportions of the artwork and by the production process.

Custom-sized products may be made specifically to your specifications. Where the law permits an exception to the normal cancellation right for goods made to a consumer's specifications or clearly personalised, that exception may apply.

This does not remove your statutory rights if the product is faulty, damaged, misdescribed or otherwise does not conform to the contract.

10. Prices

The price payable for an order is the price shown to you before you complete the purchase, subject to correction of an obvious pricing error.

Where VAT is chargeable on the seller's supply, the customer-facing product price will include that VAT. The applicable treatment depends on the seller's VAT status and the nature of the transaction. VAT will not be added unexpectedly after you have placed the order.

Delivery charges and any other compulsory charges will be shown before you complete your order, together with the total amount payable.

Prices may change from time to time, but a price change will not alter the agreed price of an order that has already been accepted.

ViewMyArt displays prices on behalf of the relevant seller where it acts as that seller's agent. The price confirmed at checkout is the amount payable by you for the selected items and disclosed charges; the seller's separate production charges, platform fees or commission arrangements do not change that confirmed customer price.

We take reasonable care when displaying prices and product information. If an obvious pricing or description error occurs, the seller or ViewMyArt acting on the seller's behalf may contact you before processing the order to confirm whether you wish to continue at the correct price or cancel the order and receive a refund of any payment already made.

11. Ordering and contract formation

Each product listing identifies the seller of the relevant print. Unless the listing expressly identifies ViewMyArt as the seller, the seller is the independent artist identified for that item.

When you submit an order, you make an offer to purchase the selected print or prints from the relevant seller or sellers. Where ViewMyArt acts as an authorised agent, it receives and processes the order and communicates acceptance on the seller's behalf.

The contract for each print is formed between you and the relevant seller when the order is accepted and confirmation is sent to you on that seller's behalf. An acknowledgement that your request has been received does not necessarily mean the order has been accepted.

If an order contains prints sold by more than one artist, separate contracts may be formed with those artists, although ViewMyArt may manage the purchases together for payment, production and delivery.

The seller or ViewMyArt acting on the seller's behalf may refuse or cancel an order before acceptance where, for example, the artwork is no longer available, there is an obvious pricing error, payment cannot be authorised, or a genuine production or technical problem prevents fulfilment.

If an accepted order is cancelled and you have paid, the amount due for the cancelled items will be refunded in accordance with applicable law and the relevant cancellation arrangements.

ViewMyArt will provide an order confirmation or receipt showing the items ordered and the amount paid. Where seller invoices are issued, they will identify the relevant seller. An order containing items sold by multiple artists may have separate seller invoices. ViewMyArt may prepare and send these documents as an authorised agent where permitted by law and the arrangements with the seller.

12. Payment

Payment must be completed using the payment methods made available during checkout. Payment processing may be carried out by third-party providers such as PayPal or other payment services supported by the website.

Where ViewMyArt collects payment as an authorised agent, it receives the payment on behalf of the relevant seller. Payment made through ViewMyArt in accordance with the checkout instructions discharges your payment obligation for the amount received, subject to any correction or refund required by law.

ViewMyArt accounts to each seller under the separate arrangements agreed with that seller. Those arrangements may permit ViewMyArt to deduct agreed production charges, platform fees, commissions and other authorised adjustments from the funds collected on the seller's behalf. They do not change the price confirmed to you at checkout.

We do not ordinarily receive or store your complete payment card details where those details are processed directly by the relevant payment provider.

An order will normally not enter production until payment has been successfully authorised or received.

13. Production

After an order has been accepted and payment authorised, ViewMyArt may prepare and produce the print on behalf of the relevant seller, in accordance with the options selected during checkout and the production arrangements agreed with that seller.

ViewMyArt may make reasonable technical adjustments required to produce the print correctly, provided those adjustments do not materially alter the product ordered.

Where an artwork cannot be produced as ordered because of a technical or production issue, ViewMyArt may contact you on the seller's behalf to discuss an appropriate solution.

We will not knowingly substitute a substantially different artwork or product without your agreement. Nothing in these Terms limits your statutory rights in relation to goods that are faulty, damaged, misdescribed or otherwise do not conform to the applicable contract.

14. Delivery

ViewMyArt may arrange dispatch and delivery of prints on behalf of the relevant seller. Delivery options, charges and estimated delivery times will be shown during the ordering process.

Delivery times are estimates unless a specific delivery date or guaranteed service has been expressly agreed. Where no other delivery period has been agreed, applicable consumer law may provide a maximum period within which goods must be delivered.

Delivery may be affected by circumstances outside our reasonable control, including courier delays, severe weather, transport disruption or other events covered by the relevant section of these Terms.

You are responsible for providing an accurate delivery address. If an order cannot be delivered because an incorrect address was supplied, additional delivery arrangements or charges may apply, subject always to your statutory rights.

You may contact ViewMyArt about an order, production or delivery issue. Where an artist is the seller, ViewMyArt may handle the enquiry and any agreed resolution on that artist's behalf. This does not remove any legal responsibility that the seller or ViewMyArt has under applicable law.

15. Cancellation and change-of-mind returns

Where you buy standard goods online as a consumer, you may normally have a statutory right to cancel the contract within the applicable cancellation period, subject to the legal requirements and exceptions that apply.

The cancellation right does not apply to every type of product. In particular, the law includes an exception for goods made to the consumer's specifications or clearly personalised.

This may apply to certain custom-sized prints ordered through ViewMyArt.

Where a cancellation right applies, please contact us using the contact details provided on the website and clearly state that you wish to cancel the order.

You may also send a written cancellation request containing your name, order number and the product you wish to cancel.

Nothing in these Terms affects any separate legal right you may have to reject faulty, damaged or misdescribed goods.

16. Faulty, damaged or incorrect orders

Your statutory consumer rights apply if a product is faulty, damaged, not as described or otherwise does not conform to the contract.

If your order arrives damaged, please contact us as soon as reasonably possible and provide your order number together with photographs or other information that may help us investigate the problem.

If we have supplied the wrong product, wrong size or a product with a manufacturing or production fault, we will investigate and, where appropriate, offer the remedy required by law, which may include repair, replacement or refund.

Where damage appears to have occurred during delivery, please keep the packaging until the issue has been investigated where it is reasonably practical to do so.

We will not ask you to give up statutory rights simply because a product was made to a custom size.

17. Refunds

Where a refund is due, we will normally refund the amount required under applicable law using the original payment method, unless another method has been agreed with you.

The timing of a refund may depend on the reason for the refund and whether goods need to be returned or inspected first.

Where a statutory cancellation right applies, applicable rules concerning the return of goods, delivery charges and deductions for diminished value will apply.

We will not charge a customer for returning faulty or incorrect goods where applicable law requires us to bear that cost.

18. Customer responsibilities

You are responsible for checking your order carefully before completing the purchase.

This includes checking:

• the artwork selected;
• the artist;
• the print size;
• any border or finishing option;
• the quantity;
• the delivery address; and
• the contact and payment information provided.

If you provide incorrect information, please contact us as soon as possible. We will make reasonable efforts to correct an order before production where this remains possible.

19. Customer accounts

Some ViewMyArt features may require you to create an account.

You are responsible for keeping your login information confidential and for activity carried out through your account.

You should tell us promptly if you believe that your account has been accessed without permission.

We may suspend or close an account where this is reasonably necessary to protect the website, our customers, artists or the security of our systems, subject to applicable law.

20. Artist content and permissions

Artists who submit artwork to ViewMyArt must have the necessary rights and permissions to submit the artwork and to authorise ViewMyArt to display and reproduce it for the purposes of operating the website and fulfilling legitimate orders.

Artists must not upload artwork that infringes copyright, trade marks, design rights, privacy rights or any other rights belonging to another person.

Artists must also ensure that artwork and descriptions submitted to ViewMyArt do not contain unlawful or seriously misleading content.

By submitting artwork, the artist grants ViewMyArt the permissions reasonably necessary to display the artwork on the website, promote the artwork through ViewMyArt's normal marketing channels, prepare the artwork for printing and produce prints ordered by customers.

This licence is intended to allow ViewMyArt to operate the service. It does not, unless separately agreed, transfer ownership of the copyright in the artwork to ViewMyArt.

We may remove or suspend artwork where we reasonably believe that it breaches these Terms, infringes third-party rights, or creates a legal, security or operational risk.

21. Website availability

We aim to keep ViewMyArt available and functioning properly, but we cannot guarantee that the website will always be available, uninterrupted or completely free from technical errors.

Temporary interruptions may occur because of maintenance, software updates, security measures, hosting problems, internet failures or circumstances outside our control.

We may change, suspend or discontinue particular website features where reasonably necessary to operate or improve the service.

22. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

This includes liability that cannot lawfully be excluded or restricted, including certain liability relating to death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and applicable consumer rights.

We are not responsible for losses that were not reasonably foreseeable when the contract was formed, subject to your statutory rights.

Where you are using ViewMyArt as a consumer, nothing in these Terms is intended to limit the protections provided to you by applicable consumer law.

23. Events outside our control

We will not be responsible for failure or delay caused by events outside our reasonable control where the law permits this.

Such events may include serious disruption to transport networks, extreme weather, fire, flood, power failure, internet or hosting outages, industrial disputes, government restrictions, major cyber incidents, or other circumstances that could not reasonably have been prevented.

Where such an event affects an order, we will take reasonable steps to reduce the impact and keep affected customers informed where appropriate.

24. Privacy

Personal information submitted through ViewMyArt is handled in accordance with our Privacy Policy.

Our Privacy Policy explains what information we collect, why we use it, how long we retain it, who we may share it with and the rights available to you.

You should read the Privacy Policy alongside these Terms.

25. Complaints

We want to resolve complaints fairly and promptly.

If you have a problem with an order, artwork, delivery or our service, please contact us with your name, order number where relevant, and a clear description of the issue.

You can contact us at: [email protected]

We will review the complaint and respond within a reasonable period.

26. Changes to these Terms

We may update these Terms from time to time to reflect changes to the website, our services, legal requirements or the way in which ViewMyArt operates.

The current version will be published on this page with the applicable "Last updated" date.

Changes will not retrospectively alter the terms of an order that has already been accepted where this would unfairly affect your legal rights.

27. Governing law

These Terms are governed by the law of England and Wales, unless applicable law requires otherwise.

If you are a consumer, you will continue to benefit from any mandatory protections provided by the law of the country in which you live where those protections apply.

Any dispute will first be dealt with through our complaints process where appropriate.