The terms set out below (Terms) tells You the basis on which You may make use of the Svilen ART platform, svilenart.com (the Site) to browse the Site and/or buy any of the paintings, drawings and prints (hereinafter the Art) listed on the Site.

My name is Svilen Georgiev, I’m a sole trader residing in the United Kingdom. I’m the sole owner and proprietor of the Site and any of the Art listed on the Site.

A Contract will comprise of these Terms (and any other documents referred to therein), and the information on the Svilen ART Online Shop.

The Terms (and the documents referred to in them) may be updated from time to time as set out in clause 18. Every time You wish to order any pieces of Art, please check these Terms to ensure You understand the terms which will apply at that time. 

These Terms were created in April 2023. They will be revised on a regular basis to ensure relevance and compliance. 

CUSTOMER TERMS

1. Sale of Art

1.1. Artworks available on the Svilen ART platform, svilenart.com (the Site), can be browsed freely. To purchase, orders must be placed directly via email, ensuring a personalized and secure transaction process.

1.2. All sales are final. No refunds or exchanges are offered under any circumstances.

1.3. Upon placing an order via email, an invoice will be submitted to you, which includes the total cost of the artwork and delivery charges to your specified destination.

1.4. Artworks will be shipped only after the full payment of the submitted invoice is received. If the invoice is not paid within 14 days, the artwork is considered available and may be sold to another buyer.

2. Use Of The Site

2.1. Your use of the Site is governed by this clause 2. 

2.2. In particular, You agree to refrain from copying or saving on your own devices any content or materials which are presented on the website and you must not use them without my explicit permission in any way.

2.3. You acknowledge and accept that Your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in Your access to the Site being blocked.

3. Personal Information

Your personal information will be used in accordance with the SvilenART Privacy Policy. Please take the time to read this document, as it includes important terms which apply to You

4. If You Are A Consumer

4.1. As a consumer, You may only purchase Art from the Site if You are at least 18 years old.

4.2. You acknowledge and accept that I may perform proof of age checks when You make an order for a piece of Art. Please note that in proceeding to order an piece of Art, You consent to these checks being carried out. If You do not consent to these checks being carried out, You should not order Art.

5. If You Are A Business Customer

5.1 If You are not a consumer, You confirm that You have authority to bind any business on whose behalf You use the Site to purchase Art.

5.2. These Terms and any document expressly referred to in them constitute the entire agreement between You and me. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of me  which is not set out in these Terms or any document expressly referred to in them.

6. Artwork Purchases

6.1. All purchase orders must be submitted via email or the form on the Contact page. Please include your name, delivery address, phone number, email and the names of your selected artworks. I will then follow up with an invoice and delivery information. All invoices are due within 14 days of their issue. If an invoice is not paid within 14 days of the date of its issue, the artwork will be released for sale. 

6.2. After You place an order, You will receive an email from me acknowledging that I have received Your order ("Order Confirmation"). However, please note that this does not mean that Your order has been accepted. My acceptance of Your order will take place as described via email. Without affecting Your rights to return the piece of Art(s) set out in these Terms, You can cancel Your order for a piece of Art at no cost to You at any time before I dispatch the piece of Art(s) to You.

6.3. The Contract between You and me will only be formed when I dispatch Your piece of Art(s) to You.

6.4. If I am unable to supply You with an piece of Art (for example because that piece of Art is not in stock, no longer available or because of an error in the price on the Site as referred to in clause 11.5), I will inform You of this by email and I will process a refund of the full amount to Your payment method as soon as practicably possible.

7. Amendments

7.1. These Terms may be updated from time to time in the following circumstances:

7.1.1. changes in how I accept payment from You; and

7.1.2. changes in relevant laws and regulatory requirements.

7.2. Every time You order Art from me, the Terms in force at that time will apply to the Contract between You and me.

8. Delivery

8.1. Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation, unless there is an Event of Force Majeure. If I’m unable to meet the estimated delivery date because of an Event of Force Majeure, I may contact You with a revised estimated delivery date.

8.2. Delivery will be completed when the appropriate mail or courier service delivers the Art to the address You gave me on your order during the purchase process.

8.3. The Art will be Your responsibility from the completion of delivery.

8.4. You own the Art once I have received payment in full, including all applicable delivery charges.

8.5 All Art will be dispatched using Royal Mail or appropriate international courier services. As much as I would try to resolve any issues and notify You of any delays, I cannot be held responsible for any delay or interruption in their services.

9. International Delivery

9.1. International orders will be processed in the same way as domestic deliveries within the UK. Please allow more time for any international deliveries. You will be responsible for all customs clearance fees and other import charges where applicable. 

10. Prices And Delivery Charges

10.1. The prices of the Art will be quoted on the invoice submitted to you via email. 

10.2. The price of a piece of Art includes VAT (where relevant) at the applicable current rate chargeable in the respective country for the time being.

10.3. The price of a piece of Art does not include delivery charges. Delivery charges are applied separately depending on your delivery destination.

11. How To Pay

11.1. You can only pay for Art you have purchased on the Site using bank transfer to the nominated bank account on your invoice. 

11.2. Payment for the Art and all applicable delivery charges is in advance. After the payment is approved, I will dispatch Your Art via the shipping method You listed on the order form during the purchase process.

12. Refunds 

12.1 No requests for refunds or returns will be accepted once Your chosen piece of Art has been posted to you. All postage includes insurance. In cases where the chosen courier has lost or damaged the pieces of Art you have ordered, you need to let me know and contact them directly to request your compensation.

13. Limitation of Liability

13.1. You agree not to use the piece of Art for any resale purposes.

13.2. Nothing in these Terms limit or exclude my liability for:

13.2.1. death or personal injury caused by my negligence;

13.2.2. fraud or fraudulent misrepresentation;

13.5. Except as expressly stated in these Terms, I do not give any representation, warranties or undertakings in relation to the Art. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, I will not be responsible for ensuring that the Art is suitable for Your purposes.

14. Discount Codes

14.1. Discount Codes are available from time to time to use on Art purchased from the Site. If a Discount Code becomes available SvilenART will notify You and provide additional information on how to use them.

15. Force Majeure

15.1. I will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under a Contract that is caused by an Event of Force Majeure. An Event of Force Majeure  is defined below in clause 15.2.

15.2. An Event of Force Majeure means any act or event beyond my reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3. If an Event of Force Majeure takes place that affects the performance of my obligations under a Contract:

15.3.1. I will contact You as soon as reasonably possible to notify You; and

15.3.2. my obligations under a Contract will be suspended and the time for performance of my obligations will be extended for the duration of the Event of Force Majeure. Where the Event of Force Majeure  affects my delivery of Art to You, I will arrange a new delivery date with You after the Event of Force Majeure  is over.

16. Communications

16.1. When I refer, in these Terms, to "in writing", this will include email.

16.2. If You wish to contact me  in writing for any other reason, such as giving feedback or making a complaint, You can send this to me by prepaid post to Svilen Georgiev, 40 Tallow Close, RM9 6EF, London, UK. 

16.3. If I have to contact You or give You notice in writing, I will do so by email.

16.4. If You are a business, please note that any notice given by You to me , or by me  to You, will be deemed received and properly served immediately when posted on my website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17. Intellectual Property

17.1 The copyright, design rights and all other intellectual property rights in the Site (including those in any materials and other documents or Art that I prepare or produce in connection with the Site) will belong to me absolutely.

17.2. You may not copy, save or use the materials, documents or other Art detailed in clause 12.1 above without my prior written consent.

17.3. You acknowledge and accept that the copyright, design rights and all other intellectual property rights in a listing  or a piece of art listed in the website will belong to me  absolutely.

18. General

18.1. I may transfer my rights and obligations under a Contract to another organisation, but this will not affect Your rights or my obligations under these Terms. I will always notify You by posting on this webpage if this happens.

18.2. You may only transfer Your rights or Your obligations under these Terms to another person if I agree in writing.

18.3. No other person except You and me shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

18.4. I shall be entitled to enforce the Contract and Terms under the Contracts (Rights of Third Parties) Act 1999.

18.5. Each Clause in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

18.6. If I fail to insist that You perform any of Your obligations under these Terms, or if I do not enforce my rights against You, or if I delay in doing so, that will not mean that I have waived my rights against You and will not mean that You do not have to comply with those obligations. If I do waive a default by You, I will only do so in writing, and that will not mean that I will automatically waive any later default by You.

18.7. If You are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Art through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and I both agree that the courts of England and Wales will have exclusive jurisdiction.

18.8. If You are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. I both agree to the exclusive jurisdiction of the courts of England and Wales.

18.9. Svilenart.com shall refer to any domain owned by Svilen ART.

18.10 I will not file a copy of the Contract between us.