Terms & Conditions

These terms and conditions form the basis on which you can visit my web site  Please read them carefully as they contain important information.

General Terms & Conditions

This site is owned and operated by James Lutomski of The Columba Hall, Port Ellen, Isle of Islay, Argyll, PA42 7BD.  If you have any queries about these terms and conditions or if you have any comments or complaints on or about my web site, you can contact me at: enquiries@lutomskiart.co.uk or by post at the above address.

1  The contract between us

I must receive payment of the whole of the price for the goods that you order before your order can be accepted.  Once payment has been received, I will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form.  My acceptance of your order brings into existence a legally binding contract between us.

2  Ownership of rights

All rights, including copyright, in this web site are owned by or licensed to James Lutomski.  Any use of this web site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use, is prohibited without our permission.  You may not modify, distribute or repost anything on this web site for any purpose.

3  Accuracy of content

I have taken care in the preparation of the content of this web site, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described.  However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this web site  Any weights, dimensions and capacities given about the goods are approximate only.

4  Damage to your computer

I try to ensure that this web site is free from viruses or defects.  However, I cannot guarantee that your use of this web site or any web sites accessible through it will not cause damage to your computer.  It is your responsibility to ensure that the right equipment is available to use the web site  Except in the case of negligence on my part, I will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this web site.

5  Availability

All orders are subject to acceptance and availability.  If the Goods you have ordered are not available from stock, I will contact you by e-mail.  You will have the option either to wait until the item is available or to cancel your order.

6  Ordering errors

You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

7  Price

The prices payable for goods that you order are as set out in my web site.  All prices are correct at the time of entering information.  Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, I will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.

8  Payment terms

Orders submitted by post must be accompanied by a sterling cheque for payment in full.  Payment for orders placed online must be made at the time of ordering.  Online payments are handled securely by PayPal and may be made by Credit Card, Debit Card or via a PayPal account.

9  Delivery

Prices shown include UK delivery.

For overseas orders, postage will be charged at cost; please enquire before placing an order.  It might not be possible to deliver to some locations.

As far as possible, I use recycled packaging materials to keep down costs to my customers and the environment.

I aim to despatch items from stock on the next working day.  Works painted on commission may take some time.  I will advise you when I accept the commission of the estimated completion date.

Orders will be sent using Royal Mail First Class Post or Parcel Post, depending on size.  Paintings will be sent using Royal Mail Special Delivery, which will require a signature on delivery.  Please be aware that postal services to and from Islay may be delayed due to adverse weather conditions.  Please allow for this, especially when placing orders for Christmas.

The goods will be delivered to the address you specify for delivery in your order.  It is important that this address is accurate.  I cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by my negligence).

You will become the owner of the goods you have ordered when they have been delivered to you.  Once goods have been delivered to you they will be held at your own risk and I will not be liable for their loss or destruction.

10  Risk and ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you.  You will only own the goods once they have been successfully delivered and when I have received cleared payment in full.  Goods supplied are not for resale.

11  Acknowledgement and acceptance of your order

You will need to provide me with your e-mail address and I will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details.  An acceptance of your order will take place on despatch of the good(s) ordered.

12  Cancellation rights

Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items).  You do not need to give me any reason for cancelling your contract nor will you have to pay any penalty.  However, you will need to notify me if you wish to cancel your contract.

If you have received the goods before you cancel your contract then you must send the goods back to my contact address at your own cost and risk.  If you cancel your contract but I have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to me at my contact address at your own cost and risk as soon as possible.

Once you have notified me that you are cancelling your contract, any sum paid to me will be refunded as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by me in the condition they were in when delivered to you.  If you do not return the goods delivered to you or do not pay the costs of delivery, I will be entitled to deduct the direct costs of recovering the goods from the amount to be reimbursed to you.

You will be refunded for the costs incurred in returning faulty or unsatisfactory goods.

13  Cancellation by me

I reserve the right to cancel the contract between us if:

If I do cancel your contract I will notify you by e-mail and any sum paid to me will be refunded as soon as possible but in any event within 30 days of your order.

14  Liability

If you do not receive goods ordered by you within 30 days of the date on which you ordered them, I will have no liability to you unless you notify me of the problem, in writing at my contact address, within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable).  If you notify a problem to me under this condition, my only obligation will be, at your option:

Both parties shall only be liable under this contract for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from my site.  The importation or exportation of certain of my goods to you may be prohibited by certain national laws.  I make no representation and accept no liability in respect of the export or import of the goods you purchase.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit my liability to you for any death or personal injury resulting from my negligence.

15  Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to me must be in writing and sent to my contact address at The Columba Hall, Frederick Crescent, Port Ellen, Isle of Islay, Argyll, PA42 7BD and all notices from me to you will be displayed on my web site from to time.

16  Changes to legal notices

I reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

17  Law, jurisdiction and language

This web site, any content contained therein and any contract brought into being as a result of usage of this web site are governed by and construed in accordance with Scottish law.  Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland.  All contracts are concluded in English.

18  Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which I exclude my liability to you) the enforceability of any other part of these conditions will not be affected.

19  Privacy

I consider my customers' privacy to be very important, and will only use the information I collect about you lawfully (in accordance with the Data Protection Act 1998).  I do not and will not sell your personal information to anyone.  This site does not use cookies.

20 Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.