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| Home > Terms & Conditions > Terms and conditions for giclee printing services |
| Terms & Conditions |
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Terms and conditions for giclee printing services
The terms and conditions in this document represent The Agreement between RGB Arts and its customers. All contact, activity and purchases with RGB Arts automatically imply your acceptance of all RGB Arts terms and conditions.
0. Definitions
1. Fine Art Prints
2. Delivery
3. General
4. Financial and Legal
0. Definitions
The Supplier: RGB Arts Ltd trading as RGB Arts
Registered in the UK, number: 3740087
VAT number: (GB) 731386438.
The Customer: Customers of RGB Arts Ltd
The Agreement: This document
IPR: Intellectual Property Rights
1. Fine Art Prints
1.1 Any form of copying or reproduction requires ownership of the copyright or authorisation by way of a specific licence from the right holder. It is the responsibility of all RGB Arts customers to ensure that copyright is fully owned or authorised for the reproduction of all aspects of the work including the main image and any form of logos and decals. All RGB Arts customers will indemnify RGB Arts against any claims of copyright infringement. If RGB Arts suspects that there may be a full or derivative copyright infringement then RGB Arts reserves the right to refuse to reproduce the artwork unless a written and signed authorisation is obtained from the copyright holder.
1.2 It is solely the responsibility of the artist to decide on the type of print edition(s) that are to be produced. RGB Arts strongly advises all customers to include specific documentation with a full disclosure with every print described as a limited edition. The disclosure should state all edition details such as edition size(s), whether there are remarked editions, counter-signed editions, editions of different dimensions and editions on different media (such as canvas etc). After the first print sale, the disclosure must also be considered final and should not be changed. Anything else could be considered unethical and could even be open to accusations of fraud.
Please remember that the point of a numbered limited edition is to give your customers confidence that they are buying a print that is unique and the artwork will not be reproduced again. Your full disclosure and signature will be be seen as your guarantee. In any case, RGB Arts will not accept any responsibility or liability for unethical or fraudulent decisions made by its customers under any circumstances.
1.3 We do not normally produce a print unless you have approved a proof beforehand. We will endeavour to colour match print the proof as closely as possible but this cannot be guaranteed to be exactly the same. We strongly recommend that you visit our premises for the proofing so that you can request subtle adjustments until you are happy with the results. It is highly preferable if the original artwork or an accurate source print can be provided as an aid to the proofing process.
If you are unable to or do not wish to visit our premises for the proofing then remote proofing may be considered. In this case, we will attempt to make objective tonal adjustments and remove any obvious colour casts. We will then produce an approximately A5 sized proof and post it to you. If this first attempt is unacceptable then you will need to visit us for proofing. Whether the proof is acceptable or not, you will be invoiced for the postage and packing for sending you the proof. If you keep the proof then you will also be invoiced for the proof print @ £8.00 + VAT per proof for paper and @ £10.00 + VAT per proof for canvas. If you do not wish to be invoiced for any proofs then you will need to post them back to RGB Arts at your own cost within a week.
Please note that if you decide to order a print that hasn't been proofed and approved by you beforehand then you are obliged to pay for the full size print even if you are unhappy with its appearance (unless there is a defect with the reproduction process itself).
If we agree to offer free proofing for a particular artwork then this offer will only apply the first time for that artwork for a given ink, paper and printer combination. If at a later date, you change your mind and wish to re-proof using the same ink, paper and paper combination then this will be chargeable. However, if RGB Arts produces a print using the same ink, paper and printer combination that deviates in appearance from the proof due to unforeseen technical issues then free re-proofing may be offered if deemed appropriate. Free re-proofing may also be offered if a change of RGB Arts equipment results in a print that is noticeable different from the original proof.
1.4 All digital image files that are produced by RGB Arts are physical and intellectual property of RGB Arts. The copyright and intellectual property of the original artwork belongs to the producing artist. If at any time a digital image file is required, then a fee is payable in proportion to the required image size as well as fees for scanning and transfer to a CD or DVD. However, print ready digital files can not be released under any circumstances. If prints are the only requirement then RGB Arts may consider waving all fees except for the printing.
1.5 The inks, fine art paper and canvas used in the creation of giclee prints are of the highest quality available. Most of our papers (including Epson. HP, Hahnemuehle and Canson) have been independently tested by Wilhelm Imaging Research and found to be fade resistant for many years. To further increase the longevity of your giclee print, do not expose to direct sunlight or excessive moisture. Prints must be handled with care at all times using clean cotton gloves. Illumination conditions in homes, offices, and galleries do vary and images will last longer when displayed under lower light levels; likewise, the life of prints will be shortened when displayed under illumination that is more intense than 450 lux. Actual print stability will vary according to media, printed image, display conditions, light intensity, humidity, and atmospheric conditions. We do not guarantee longevity of prints. For maximum print life, display all prints under glass or lamination or properly store them
1.6 Unless requested otherwise, giclee prints will be boxed and shipped unframed and rolled in a crush resistant tube or carton. The total postage cost will be based on a combination of postage weight, size and the packaging. First class postage will normally be used.
1.7 Please allow at least a week for paper print(s) to be manufactured and posted to your address. Due to the additional time required for ink curing and varnish drying, please allow at least two weeks for canvas prints.
1.8 Image and print files will not be retained indefinitely and may be removed from RGB Arts systems after 12 months of no contact. If you would like RGB Arts to retain your image and print files, then please make this request via an email.
2. Delivery
When a delivery service is required within the UK, it will normally be Royal Mail 1st class post. If next day delivery is required then the Royal Mail Special Delivery Next Day service will be used although this is significantly more expensive than 1st class post. The total delivery charge on your invoice will then be based on the type of packaging used, the delivery service that is used and the total weight.
International delivery will normally be with the Royal Mail Airsure service where available. Otherwise it will be the Royal Mail International Signed For service.
3. General
3.1 So as to avoid possible errors, customers are asked to confirm their orders by email specifying the full title; the quantity; the paper type; the print size; the margin size; any other custom requirements; and the required by date.
3.2 All customers are advised to arrange adequate insurance as RGB Arts will not accept any direct or indirect responsibility for damages or losses other than for our materials and labour charges.
3.3 The placing of any order constitutes an acceptance of the RGB Arts terms and conditions.
3.4 Terms and conditions; prices; specifications, and information are subject to change at any time without notice and are available on the RGB Arts web site and on request. You are bound by any changes, additions, or revisions and should therefore regularly review the RGB Arts Terms and Conditions.
3.5 All images and information on the RGB Arts web site are available for the express purpose of viewing the web site. No image or portion of any image may be reused without the express written permission of RGB Arts and the individual artist or the respective legal owner. All physical artwork is subject to International copyright laws.
3.6 All trademarks referenced on this web site belong to their respective owners.
3.7 RGB Arts is not responsible for the content of external internet sites.
3.8 Trading hours
Open 10:00 to 17::00 GMT/BST Monday to Friday.
Closed Saturday, Sunday and UK bank holidays.
Closed December 24th to January 2nd inclusive.
We may also be closed at other ad-hoc dates and times.
4. Financial & Legal
4.1 Please contact us for a formal quotation. We will endeavour to produce an estimate that is as accurate as possible but there may be situations where the final price is more (and sometimes less) than the initial estimate.
4.2 A materials deposit may be required which will be at least 25% of the gross estimate.
4.3 All goods remain the property of RGB Arts Ltd until payment has been received and cleared in full.
4.4 Payment is preferred using direct bank transfer. Within the UK, direct bank transfer can now be made using the Faster Payment Service which is almost immediate and banks do not normally charge for this service. Payment can also be made by cheque if drawn from a UK bank or building society. Cash is also acceptable but as change cannot be normally provided, please ensure you have the exact amount when you pay. Payment can also be made using a credit or debit card via PayPal but there is a surcharge of 3%. (You do not need to have a PayPal account to use PayPal when paying with a credit or debit card.) You can also use a charge card with PayPal but American Express will charge you an additional commission even if you card is registered in the UK.
4.5 Purchases normally require payment in advance but we may consider payment on delivery at our discretion. We may also offer credit terms at our discretion in which case full payment must be made within 7 calendar days from the issue date of our invoice to avoid incurring interest. We reserve the right to reduce the credit period or withdraw it altogether without notice.
4.6 Please avoid making any payment errors as you may be charged interest if your payment is late. Please ensure that cheques are completed correctly using British convention as we are not able to make any alterations. Please ensure electronic bank transfers are sent to the exact account name and numbers that we provide. Please also ensure that you have sufficient funds available.
4.7 Payments on credit that are received after 7 calendar days from the issue date of the invoice will be subject to interest. Interest will be back-dated to the issue date of the invoice and will be calculated as follows:
Interest amount = gross debt x 30% x (the number of calendar days from invoice issue date / 365)
Any payment or part payment of outstanding debt will go to reduce the amount of any accumulated interest first. (Note that VAT is not payable on the interest.)
4.8 Please be aware that under the terms of the Late Payment of Commercial Debts (Interest) Act 1998, we are entitled to levy interest and a late payment compensation fee on overdue debts. Interest charges are detailed above.
4.9 Print orders may be cancelled at any time but once the print(s) have been produced then 100% payment of the agreed price will still be required. This is because your prints are individually made to your order and so we are unable to recover our costs in any other way. Unwanted prints will be destroyed as soon as we have received full payment for them. If you cancel a print order before we have produced
it for the first time then you will be required to pay for all proofing and setup time and materials for each artwork that you cancel.
4.10 Faulty prints do occur from time to time for various reasons but we try hard to spot any defects and reject any print that doesn't meet our own standards. It is therefore very rare that a print slips through our quality assurance but in the unlikely event that you do receive a defective print from us then please get in touch straight away. We will usually ask you to carefully place the faulty print back into its original carton and return to us in person or using first class post within 14 days of taking delivery of the print. We will then inspect the print and if we conclude that the defect was due to our production process then the print will be replaced free of charge. However, if there is an error with your original artwork that is not due to the production process or the print was damaged after you took delivery then RGB Arts will not be liable and you will still be required to pay the full agreed price for the print(s).
4.11 RGB Arts will make use of approved alternatives to court to recover unpaid debts.
4.12 As a last resort, RGB Arts will use the full extent of English law to recover any unpaid debt plus interest plus all costs incurred in the recovery of the debt including but not limited to the Small Claims Court procedures.
4.13 Late or non-payment may result in the suspension or discontinuation of further supply of goods. |
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| RGB Arts Ltd |
| Telephone: 01923 283891 - International: +44 1923 283891 - Web: rgbarts.co.uk - Email:
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| Registered in England and Wales, number: 3740087 - VAT registration number: GB 731 3864 38 |
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