1. terms

This website nigelpalmer.com and its variants (nigelpalmer.co.uk, disrupting-the-surface.com) are owned and operated by me, Nigel Palmer, for the purposes of promotion and sales of original artworks, and the promotion of my tattoo work.

All works in all forms, unless stated otherwise, are the original creations of Nigel Palmer.

The terms noted below are in reference to the purchasing of artworks and related products, and in no way refer to any contract for tattooing works/projects.

Terms.

  • You/Your/buyer/purchaser/customer, refer to you the customer
  • I/me/we/artist, refer to Nigel Palmer, nigelpalmer.com
  • Art/artwork(s)/goods/products/items/order, refer to the artworks for sale on this site

Any contract we enter into will be covered by English law.

 

 

2. artwork

Images of the artworks on this site are for illustrative purposes only. Although I have made every effort to display the artworks accurately, I cannot guarantee that the photos reflect their true nature as this will depend on lighting conditions and colourings of the environment in which the artwork is installed.

Descriptions of artworks are as accurate as possible and are given in good faith. However, due to the nature of some of the pieces, measurements are given as close approximations (+/-5mm).

Unless stated otherwise, all artworks are intended to be installed unframed and will be provided as such. Where applicable, a method of hanging/installation will be provided.

Unless stated otherwise, all artworks are one-off original pieces.

 

 

3. copyright

Title and Risk.

Title and risk in the artwork shall pass to you when payment for the artwork has been received in full, in cash or in cleared funds. In other words, on successful receipt of payment, material ownership of the artwork transfers to you, the purchaser.

Ownership of Copyright

  • Unless stated otherwise, all content and artwork on this website is, and remains, the intellectual property of its creator, Nigel Palmer.
  • In accordance with the Copyright, Designs and Patents Act 1988, copyright in the artwork shall remain the property of the Artist at all times.
  • The Artist reserves the right to reproduce the image of the artwork in any form.

All artwork was produced with the intention that it will be sold exclusively by Nigel Palmer or an approved representative. It is the expectation that the artwork will not be purchased for resale purposes.

  • If you intend to purchase artwork for resale or for purposes other than your own personal enjoyment, please contact me so we can discuss appropriate arrangements.

You may not produce any image of the artwork for financial reward and may not, at any time, publish or submit for publication or reproduction any image of the Artwork to any third party,

 

 

4. buying

By placing an order, you are entering into a contract demonstrating an intent to buy goods. 

  • You can place an order by selecting the product you wish to buy and adding it to your cart. You can then complete your order by paying with one of the available payment methods.
  • You will be required to pay for the goods in full at the time of ordering.
  • By placing an order and paying for your goods you are agreeing to accept the terms of this website.

Once payment has been successfully received, you will be notified that the order has been processed. At this point, you have fully agreed to purchase the goods.

Price of the goods

  • The price of the Goods shall be the price set out on the relevant page of this site. I reserve the right to change the prices set out on this site provided that if I accept an order from you the price for the goods will be the price set out in the relevant page at the time the order is placed.
  • All prices quoted on my website are in GBP including UK VAT, and all transactions will be processed in GBP. 
  • It is your responsibility to calculate for currency exchange costs if you are sourcing payment from a currency other than GBP.

For non-UK countries there may charges for importing goods, it is your responsibility to pay import duty if charged.

The price of the Goods include insured postage and packaging for deliveries to UK only.

  • For deliveries outside of the UK there will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.
  • any additional shipping charges will be given before you commit to buy anything.

Terms of payment

  • Upon providing details of the Payment Card and submitting the Order you :
  • confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card/Paypal account.
  • authorise me to deduct from the payment account the full price of the goods and all other payments which may become due under the Contract.

If you think that a payment which has been debited from your debit card or credit card is incorrect please contact us promptly to let us know.

Once your order is complete I will notify you of the dispatch date (normally around 7-10 days after checkout).

 

 

5. delivery

I will dispatch all artwork within 10 days of an order being completed, and aim to have UK orders delivered within 3-5 business days of dispatch for UK orders. 

International deliveries will take longer, dependant on destination.

All deliveries will be tracked and will need to be signed for.

Deliveries will be to the premises you specify on your order. You must be at home to accept delivery of your order, which is between 7:30am and 6:00pm Monday-Friday. 

Disposal of packing materials is your responsibility.

If there is no one to accept the order on the scheduled delivery date the goods may be returned to me and I reserve the right to charge you an additional re-delivery charge.

If you change the delivery address once the goods have been dispatched to you, I reserve the right to pass on any extra charges made by our carriers for redirecting your delivery, if the carriers are able to make the change. This will delay your delivery.

Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within two working days of delivery of the items.

If the goods are lost or damaged please report this to me within two working days from the delivery day.

 

 

6. right to cancel

You have a cooling off period of 14 days after the date on which you have received the Goods to cancel the Contract, and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.

During the cooling off period any cancellation must be given by written notice by either party.

Goods must be returned in accordance with the returns policy.

 

 

7. returns

I want you to enjoy the artwork bought via my online shop, which is why I offer a 14-day cooling-off period.

In the event you wish to return an item to me, please do the following:

  • email me and request a refund within 14 days of receiving your order, and before returning the item
  • include your order number
  • for feedback purposes please provide the the reason for return eg. damage, wrong item, not loving it, etc.

I will then contact you to discuss the return of the artwork.

In order to qualify for a refund, artworks must be carefully packed and returned in their original packaging, and must be returned in the same condition in which they arrived.

Once your order has been successfully received back, I will process your refund for you. (see refunds section)

If you have any problems with your refund, please don't hesitate to get in touch.

 

 

8. faulty goods

DAMAGED ARTWORKS

In the event that an artwork is damaged/faulty/incorrect upon arrival at your specified delivery address, please notify me by email within 14 days of receipt of your order and include:

  • details of the problem
  • if possible, a digital photograph of the problem as this will help assess the best course of action
  • your order number/reference

I will then contact you to discuss an appropriate solution to the problem.

As most of the artworks are one-off originals, direct exchanges/replacements will not be possible.

You will have several options offered to you, such as:

  • provide a refund, to include any delivery charges you paid when you placed your order 
  • in the case of an incorrect item, replace with the correct item if it is still available
  • replace with an alternative item of the same value
  • in the case of faulty/damaged item, an offer to repair the artwork depending on the extent of the damage

In all cases, the original artwork will need to be returned before any refunds/repairs/exchanges can be processed.

Please refer to returns/cancellation/refunds.

 

 

9. refunds

Refunds will be processed from the date I have received and inspected the returned artwork, and will be made within 14 days of that date. 

If all conditions have been met (see returns and cancellations), the refund for the total cost of the order will be issued. However, you will be responsible for the costs of returning the item to me.

  • The law enables the Artist to deduct an amount from your refund if you have diminished the value of the Artwork by handling it beyond what is necessary to establish its nature, characteristics and function – i.e. “unreasonable use”.

All refunds are made using the same payment method that you used to pay for the order. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.

 

 

10. privacy

I respect you and your privacy.

Occasionally, contact information collected through orders or email correspondence might be used to send you news or promotional emails. Any such emails/newsletters will be directly from me (this site), and not from 3rd parties.


WHAT DO WE DO WITH YOUR INFORMATION

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, telephone number and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): we may send you emails about our store, new products and other updates.


CONSENT

When you provide us with personal information to reply to a message sent from our contact from, complete a transaction, verify your credit card, place an order, arrange for a delivery or exchange/return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at undertheficus@gmail.com

DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

THIRD PARTY SERVICES & PAYMENT PROCESSORS

Squarespace
Our store is hosted on Squarespace, Inc. (Squarespace). They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Squarespace's data storage, databases and the general Squarespace application. They store your data on secure databases protected via a variety of industry-standard access controls. Secure passwords, SSL encryption, disk-based encryption, firewalls, and other measures are in place that helps them to protect your data. However, no company, including Squarespace, can fully eliminate security risks associated with the transmission of personal information through online transactions, and you do so at your own risk.

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

Squarespace uses third party payment processors to assist it in processing your personally identifiable payment information securely. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this privacy policy.

Payments for our products are currently processed and managed using the third party vendors Stripe, and Paypal. You can read Stripe privacy policy here, and Paypal privacy policy here

For more information, you can read Squarespace's Terms of Service here or Privacy Statement here.


LINKS

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Google Analytics: 
Our website uses Google Analytics to help us learn about who visits our site and what pages are being looked at.

 

COMMENTS AND USER CONTENT POSTED TO THE WEBSITE

If you post comments or user content on the website, you should be aware that any personally identifiable information you choose to provide there may be read, collected, or used by other users of the website, as well as other third parties. We are not responsible for the information you choose to submit in these posts. We cannot guarantee that other users have not made copies of and/or will not use such information outside of the Website. We are not responsible for information you choose to post on our website.

 

COOKIES

Like most websites, we use small bits of data called cookies stored on users' computers to simulate a continuous connection. Disabling cookies does not prevent you from accessing websites our website, but some features of our site may be degraded.

 

SOCIAL MEDIA

This site includes Social Media Features, such as the Share buttons. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

 

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. 

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

 

QUESTIONS AND CONTACT INFORMATION

you would like to access, correct, amend or delete any personal information we have about you, register a complaint or want more information, please contact us at art.sales@nigelpalmer.com.