Terms of Service
The terms of sale set out here apply to goods supplied by Rhiannon Piper and RPA Studio, ordered from Rhiannon Piper, RPA Studio website at www.rhiannonpiper.com. By continuing with a purchase it is deemed that you have read, understood and agreed to these terms and conditions.
Rhiannon Piper at RPA Studio reserves the right to change these Terms and Conditions without notice.
1. Definitions
1.1. “Buyer” means the person or company named in the quotation who buys or agrees to buy the goods or services from the Seller.
1.2. “Despatch” means the date and time at which the goods leave the premises of the Seller.
1.3. “Premises” means the address nominated by the Buyer for delivery of the goods or services.
1.4. “Price” means the price for the goods or services in accordance with the quotation, or variation thereof agreed in writing between the Seller and the Buyer.
1.5. “Seller” means RPA Studio.
2. Quotations and Assessments
2.1. Any quotations made by RPA Studio shall amount to an invitation to the Buyer to make an offer on the terms set out in such a quotation. All quotations are given subject to the right of RPA Studio to alter or withdraw the same without notice. A binding contract between RPA Studio and the Buyer shall only arise upon acceptance by the RPA Studio’s offer and such contract shall be subject to the terms and conditions stated herein.
2.2. No conditions or stipulations in or attached to the Buyer’s form of order which is inconsistent with these conditions or which purport to add or modify these conditions in any way shall have any effect.
2.3. Prices quoted are based on the cost of material, labour, and transport where applicable prevailing at the date of quotation and in the event of any variation in such costs occurring before the date of despatch the RPA Studio reserves the right to adjust the price accordingly.
2.4. In regards to conservation and restoration services: on receiving and assessing the item RPA Studio reserves the right to adjust the quotation should further or less work be required, the Buyer will be informed of the quotation change.
2.5. Unless otherwise stated RPA Studio’s quoted prices do not include any provision for Value Added Tax (VAT) or for any other Inland Revenue charges and the quotation is made on the basis that the Buyer will pay such tax duty or charge.
2.6. The quotation is subject to the availability of labour and materials.
2.7. Unless otherwise stated all quotations are valid for a period of 90 days.
2.8. Where an assessment is required of items, should arrangements for collection not be made or instructed by the Buyer within 180 days. RPA Studio reserves the right to dispose of the goods as it sees fit.
3. Storage Charges
3.1. In the event collection of the item by the Buyer was established; Items remaining at any of RPA Studio’s premises for 28 days following an assessment report or work/services are completed will be subject to a charge of £20 + VAT per item per week, however, RPA Studio reserves the right to charge more for large or heavy items unless otherwise agreed by RPA Studio in writing. Fine Art Restoration Company will not be liable for the Buyer not confirming storage charges prior to storage commencing.
4. Payment
4.1. Where a Buyer holds a credit account with RPA Studio, payment shall be made in full within 30 days of the issue date of the invoice by the Buyer. Where the Buyer does not hold a credit account a 50% non-refundable deposit is payable before commencement of work. The remaining 50% of the invoice is payable once the work has been completed prior to collection or delivery of the item.
4.2. Upon acceptance of a quotation, all Buyers not covered by section 4.1 shall pay to RPA Studio the price plus VAT on completion of work prior to the buyer’s collection or delivery.
4.3. In default of payment within the said period, RPA Studio may charge interest of 10% per annum or 5% over the current base rate of the Bank of England, whichever is the higher, on all money overdue.
4.4. Payment on the due date shall be regarded as a fundamental term of the contract and failure by the Buyer to comply therewith shall entitle RPA Studio to treat the contract as suspended by the Buyer.
5. Delivery
5.1. Unless otherwise agreed in writing RPA Studio shall deliver the goods to the premises. Delivery shall be deemed to have taken place at the moment when the vehicle transporting the goods enters the boundary of those premises.
5.2. Any delivery dates or times set out are estimates only and while RPA Studio will make all reasonable efforts to deliver the goods within the time or times agreed RPA Studio will not be responsible for any losses caused to the Buyer as a result of late delivery.
5.3. Time of delivery shall not be the essence of the contract between the Buyer and RPA Studio.
5.4. RPA Studio shall be entitled to deliver the goods in one or more consignments unless expressly agreed otherwise.
5.5. If the Buyer fails to take delivery of the goods at the time specified, or if the Buyer has failed for fourteen days to give delivery instructions after the same has been requested by RPA Studio, the Seller may, without prejudice to its other rights, charge the Buyer with the cost of storage from the date the goods were tendered for delivery, the cost of any additional transport.
6. Ownership - Conservation and Restoration Services
6.1. The legal and beneficial ownership of the goods and the property therein shall remain in RPA Studio and shall not pass to the Buyer until such time as the Seller shall have received the benefit of payment of the whole of the price.
6.2. Until such time as the legal and beneficial ownership of the goods therein has passed to the Buyer, the goods shall be at the Buyers risk while they are in the Buyer’s possession or under the Buyer’s control and the Buyer shall indemnify RPA Studio from and against any loss of or damage to the goods by payment in full of the price thereof and from and against all claims and demands arising out of injury or damage by or attributable to the goods.
6.3. The Buyer may sell the goods before property in them shall have passed to the Buyer if such sale is in the ordinary course of the buyer’s business and is at a price which shall not (without the Seller’s prior agreement in writing) be the amount owing by the Buyer to the Seller. In such an event:
6.3.1. the sale shall be deemed to have been affected by the Buyer as agent for the Seller who shall be beneficially entitled to the proceeds of sale;
6.3.2. the Buyer shall pay to the Seller out of the proceeds of sale all amounts owing to the Seller;
6.3.3. until such payment to RPA Studio has been made the Buyer shall retain such proceeds of sale in a separate account.
6.4. The Buyer’s right to sell the goods under clause 6.3 shall cease as soon as RPA Studio shall have requested the return of the Goods under clause 6.5.
6.5. Until such time as property in the goods passes from RPA Studio the Buyer shall on request deliver up such Goods as have not ceased to be in existence or resold to RPA Studio and if the Buyer fails to do so RPA Studio may enter upon the Premises or any other premises owned occupied or controlled by the Buyer where the goods are situated and repossess them.
6.6. The Buyer shall not pledge or in any way charge by way of security for indebtedness of the Buyer or any other person any of the goods which are the property of RPA Studio and (without prejudice to the other rights of the Seller) if the Buyer shall purport to do so all sums whatsoever owing by the Buyer to RPA Studio shall forthwith become due and payable immediately.
6.7. The Buyer shall insure and keep insured the goods to an amount equal to the full price against “all risks” to the reasonable satisfaction of RPA Studio until the date the property passes from the Seller who may (without prejudice to a any other rights of the Seller) recover the same plus VAT and interest.
6.8. If the Buyer fails to insure the Goods in accordance with clause 6.7 all sums whatsoever owing by the Buyer to RPA Studio shall forthwith become due and payable to RPA Studio who may (without prejudice to any other rights of the seller) recover the same plus VAT and interest.
7. Ownership – Commissioned Artwork
7.1. The legal and beneficial ownership of any commissioned artwork shall remain with RPA Studio until full payment of the agreed price has been received.
7.2. Until full payment has been made and ownership has transferred to the Buyer, the commissioned artwork shall be held at the Buyer’s risk when in their possession or under their control. The Buyer shall indemnify RPA Studio against any loss, theft, or damage to the artwork, and against any claims or demands arising from its condition, handling, or display.
7.3. The Buyer may not sell, reproduce, or commercially distribute the commissioned artwork, unless otherwise agreed in writing by RPA Studio. If any such sale is agreed:
7.3.1. The sale shall be deemed to have been made by the Buyer as agent of RPA Studio, who shall retain beneficial interest in the proceeds until payment is made in full.
7.3.2. The Buyer shall remit to RPA Studio the full amount owed out of any proceeds of sale.
7.3.3. Until full payment is made, any such proceeds of sale must be held in a separate account and not mixed with the Buyer’s general funds.
7.4. RPA Studio reserves the right to demand the return of the commissioned artwork if full payment has not been made, at which point the Buyer’s right to retain or sell the artwork shall cease.
7.5. If the Buyer fails to return the artwork on request, RPA Studio reserves the right to enter the Buyer’s premises (or any premises where the artwork is held) to recover it.
7.6. The Buyer shall not pledge, loan, or use the commissioned artwork as security for any debt or obligation while ownership remains with RPA Studio. If the Buyer attempts to do so, all outstanding sums owed to RPA Studio shall become immediately due and payable.
7.7. The Buyer is responsible for insuring the artwork against all risks (including damage, loss, or theft) to a value equal to the agreed purchase price until ownership has passed. Proof of insurance may be requested by RPA Studio.
7.8. If the Buyer fails to insure the artwork as required under clause 7.7, all outstanding amounts owed to RPA Studio shall become immediately due and payable, without prejudice to any other remedies available to RPA Studio.
8. Termination
8.1. Either party may immediately terminate the contract or suspend future deliveries if the other becomes bankrupt, makes an assignment agreement or composition with its creditors, suffers distress or process of execution to be levied on its property, or goes into liquidation either compulsory or voluntarily (except for the purpose of reconstruction or amalgamation).
Similar rights are reserved to the parties if it appears to either party that it is probable or likely that any of the above events will occur.
8.2. Without prejudice to any other rights or remedies under the contract either party may terminate this contract or suspend future deliveries if the other fails to comply with any of its obligations hereunder and such failure had not been remedied within thirty days of notification to the other of such breach. The innocent party will be able to recover any loss or damage directly flowing from any suspension or termination under clause 8.2.
8.3. In the event of the Buyer, for reasons other than those provided for in the above clauses, terminating the contract, the Buyer shall be liable to RPA Studio for any costs or charges incurred by RPA Studio reason of such termination together with all costs incurred by RPA Studio up to the date thereof and any difference between the price charged and the price at which RPA Studio is able to sell the goods elsewhere.
9. Limitation of Liability
9.1. RPA Studio’s liability (save in the case of liability in respect of death or personal injury resulting from RPA Studio’s negligence) is limited to an amount equal to the price of the goods and/or services.
9.2. The Buyer shall be deemed to have inspected the goods on delivery and any claim that the goods are not in accordance with the quotation or any allegation that the goods are of faulty design material or workmanship shall be made in writing to RPA Studio within 30 days of the date of delivery of the goods to the Buyer and if no such claim is made the goods shall be deemed to have been accepted by the Buyer as being in accordance with the quotation.
9.3. RPA Studio shall not be liable for any consequential loss or damage suffered by the Buyer whether direct or indirect.
9.4. Any failure by RPA Studio to make any delivery on the contractual date for delivery shall not entitle the Buyer:
to refuse delivery after such date;
to repudiate the contract;
to make a claim for damages for late delivery
9.5. Where any materials have been supplied or installed by RPA Studio, should such materials prove faulty through defective material or workmanship of RPA Studio during the period of twelve months from delivery, the defective items will be replaced or repaired free of charge. Such liability shall be conditional upon the Buyer giving notice to RPA Studio, in writing, within seven days of the discovery of the said defect and upon the Buyer returning such goods to RPA Studio at the seller’s own request for alteration, repair or examination unless written authorisation is given by the Seller for the alteration, repair or examination elsewhere.
9.6. RPA Studio does not accept liability to the Buyer for any consequential loss where the goods have proved to be defective or where they have not been installed correctly.
10. Use of Photography for Marketing Purposes
10.1 We reserve the right to use any images of items and artwork photographed or recorded by RPA Studio for marketing purposes unless instructed by the client in writing.
11. Warranties and Conditions
11.1. Any recommendation or suggestion relating to the use of goods made by the Seller either in technical literature or in response to a specific enquiry by the Buyer is given in good faith but it is for the Buyer to satisfy himself of the suitability of the goods for his own particular purpose of which the Seller has no knowledge.
12. Product
12.1. The illustrations in RPA Studio’s promotional literature, website and documentation used to demonstrate the workings of a product and its composition are only a guide to products and are not to scale. RPA Studio reserves the right to make minor modifications in design, specification or composition, as it shall think fit. The Buyer accepts that minor imperfection/variations in profile, colour and finish are not defects.
13. Variations and Cancellations
13.1. Cancellations will only be accepted on the understanding that all costs incurred by RPA Studio will be reimbursed in full. These costs shall date from receipt of a letter of intent or official order, whichever is earlier.
14. Assignment/Sub-letting
14.1. RPA Studio may licence or sub-contract all or any part of its obligations under the contract without the Buyer’s consent but this shall not in any way release RPA Studio of its obligations to the Buyer under the contract.
14.2. Nothing in the contract shall confer or purport to confer upon any third party any benefit or right against RPA Studio.
15. Force Majeure
15.1. Neither party shall be liable for any default due to an act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, or any event beyond their reasonable control.
16. Governing Law
16.1. This agreement is governed by and to be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
17. Promotional Competitions
17.1. A prize draw is free to enter and is limited to one entry per person. The prize may not be exchanged or swapped and may be provided or arranged by a third party. Winners will be contacted by e-mail after the draw takes place on the specified date.
18. Copyright
18.1 The Copyright Act 1988 is effective throughout the commission process including all material distributed as part of the consultation, design review of works up to and including the final piece as such Copyright belongs to the artist Rhiannon piper/RPA Studios. Images of sold paintings may still be used by the Seller for any future use including but not limited to advertising, books and other publications, social media and other web based use.
18.2 You may not create a link to this website from another website or document without Rhiannon Piper or RPA Studio prior written consent.
By Proceeding to purchase goods from RPA Studio, or reach out regarding a commission or service, you agree to these Terms of Service.