Please see below for full Terms & Conditions.
All paintings are copyrighted by Joodles Doodles and are governed by copyright laws. No picture can be recreated, photocopied, photographed, scanned or copied by any means for any purpose including private, social, financial or community benefit.
1 DEFINITIONS In this document the following words shall have the following meanings:
1.1 “Buyer” means the organization, person or persons who buy Goods from Joodles Doodles.
1.2 “Goods” means the articles to be supplied to the Buyer by Joodles Doodles
1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 “List Price” means the list of prices of the Goods maintained by Joodles Doodles as amended from time to time;
1.5 “Seller” means Joodles Doodles
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of VAT or any other applicable costs. Carriage within UK is included in the price. Outside of the UK shall be paid for by the buyer.
3.2 Payment for orders are due in advance through PayPal.
3.3 Payments for commissions are due 60% in advance and 40% on completion through PayPal.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 The date of delivery specified by the Joodles Doodles is an estimate only. Time for delivery shall not be of the essence of the contract.
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
As all goods are sent registered and insurance through Royal Mail, any damage sustained in transit will be claimed from Royal Mail by Joodles Doodles.
7.1 Title in the Goods shall not pass to the Buyer until Joodles Doodles has been paid in full for the Goods.
8.1 Where the Goods have been manufactured by Joodles Doodles and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 14 days from the date of delivery, subject to the following conditions:
8.2 the Buyer notifying Joodles Doodles in writing immediately upon the defect becoming apparent;
8.3 the defect being due to the faulty design, materials or workmanship of Joodles Doodles.
8.4 Any Goods to be repaired or replaced shall be returned to Joodles Doodles at the Buyer’s expense, if so requested by Joodles Doodles.
8.5 Joodles Doodles shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
8.6 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
9.1 No liability of any nature shall be incurred or accepted by Joodles Doodles in respect of any representation made by Joodles Doodles or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
9.1.1 the correspondence of the Goods with any description;
9.1.2 the quality of the Goods; or
9.1.3 the fitness of the Goods for any purpose whatsoever.
9.2 No liability of any nature shall be accepted by Joodles Doodles to the Buyer in respect of any express term of this contract where such term relates in any way to:
9.2.1 the correspondence of the Goods with any description;
9.2.2 the quality of the Goods; or
9.2.3 the fitness of the Goods for any purpose whatsoever.
9.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to Joodles Doodles or not) are hereby excluded from the contract.
10.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, Joodles Doodles shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
10.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of Joodles Doodles for death or personal injury as a result of Joodles Doodles negligence or that of its employees or agents.
11.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Joodles Doodles and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in Joodles Doodles by the execution of appropriate instruments or the making of agreements with third parties. The buyer is entitled to the commissioned painting but not to the right to duplicate it in any format for any reason or purpose.
Joodles Doodles shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Joodles Doodles shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
The contract between the Buyer and Joodles Doodles for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of Joodles Doodles.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
This Agreement shall be governed by and construed in accordance with the law of the United Kingdom and the parties hereby submit to the exclusive jurisdiction of the British courts.
Equality, diversity and inclusion statement
Joodles Doodles is committed to encouraging equality, diversity and inclusion among our customers and clients and eliminating unlawful discrimination.
The aim is for Joodles Doodles to produce water colour paintings and designs for all sections of society and for both staff and customers, to feel respected & able to give their best. The organisation - in providing services, is also committed against unlawful discrimination of both staff and customers or the public.
The policy’s purpose is to:
· provide equality, fairness and respect for all staff and customers
· not unlawfully discriminate because of the Equality Act 2010 protected characteristics of age, disability, gender, marriage and civil partnership, race (including colour, nationality, and ethnic or national origin), religion, belief or political persuasion..
· Oppose and avoid all forms of unlawful discrimination.
The organisation commits to:
· Encourage equality, diversity and inclusion online and in the workplace.
· Create a working and online environment free of bullying, harassment, victimisation and unlawful discrimination, promoting dignity and respect for all, and where individual differences and the contributions of staff and customers are recognised and valued. This commitment includes
· Staff and customers regarding their rights and responsibilities under the equality, diversity and inclusion policy.
Staff conducting themselves to help Joodles Doodles provide equal services, and prevent bullying, harassment, victimisation and unlawful discrimination.
· They can be held liable for acts of bullying, harassment, victimisation and unlawful discrimination, in the course of their employment, against, customers, suppliers and the public
· Take seriously complaints of bullying, harassment, victimisation and unlawful discrimination by customers, suppliers, visitors, the public and any others in the course of Joodles Doodles work activities.
· In addition, harassment under the Protection from Harassment Act 1997 – which is not limited to circumstances where harassment relates to a protected characteristic – is a criminal offence.
The equality, diversity and inclusion policy of Joodles Doodles is in accordance with UK Employment law