Terms & Conditions

Brendon Marczan’s (“we” or “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before using or placing any orders on www.brendonmarczan.com. We recommend that you keep a copy of the TOS for future reference.

Brendon Marczan is a trading name of Brendon Marczan Ltd, a company registered in England and Wales under registration number 08547645. Our UK VAT number is 191552207. Our registered address is 95C Albert Street, London NW1 7LX. If you have any comments, please email us at info@brendonmarczan.com.

We wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about Brendon Marczan’s Privacy Policy before you register to use this Site or any of this Site’s services. However, we reserve the right to only accept orders from those over 18.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the changes by law.

Registration

To use some of the services or features made available to you on this Site, you will are required to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address: info@brendonmarczan.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept securely, and you must notify Brendon Marczan immediately of any breach of security or unauthorised use of your account.

Please refer to our PRIVACY POLICY for information about how we use your data.

Eligibility to Purchase

In order to make purchases on the Site, you will be required to provide your personal details. These include your real name, phone number, email address and other requested information as indicated. You will also be required to provide payment details that you represent, are both valid and correct, and you confirm that you are the person referred to in the Billing Information provided.

The Site is available only to individuals and others who meet the Brendon Marczan terms of eligibility, who have been issued a valid credit/ debit card by a bank acceptable to Brendon Marczan, and who have authorised Brendon Marczan to process a charge or charges on their credit/ debit card in the amount of the total purchase price for the merchandise which they purchase. Brendon Marczan reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By purchasing merchandise from www.brendonmarczan.com, you expressly authorise us to perform credit checks and where Brendon Marczan feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/ debit card number or credit reports, to authenticate your identity, to validate your credit/ debit card, to obtain an initial credit/ debit card authorisation and to authorise individual purchase transactions.You agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a copy of that information for an unspecified time.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. To save yourself disappointed, we recommend completing your purchase as soon as possible.

Brendon Marczan offers products for sale that are in stock and available for dispatch. Occasionally, and due to the nature of original artworks, some items may be displayed in a public gallery at the time of purchase. In this instance, the item will state the exact delivery timeframe and current location on the product detail page.

Brendon Marczan will store a record of your transaction for a minimum of one year.

Pricing Policy

Prices shown on the Site are in GBP and are inclusive of VAT at the applicable rate. Where the shipping location is from a country where VAT is not chargeable, the VAT will be removed from the final price in the payment process.

If your order is being shipped to a location outside the UK, you may incur import duties or local taxes. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. Brendon Marczan is not responsible for any import duties or local taxes you may incur for purchases made on our Site.

If you are a customer whose credit/ debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Acceptance of your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and Brendon Marczan will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item or what you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or suspending any transaction after processing has begun.

Payment

Payment can be made by Visa, Mastercard or American Express only. Payment will be debited and cleared from your account immediately after you complete checkout. All credit/ debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Brendon Marczan, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/ debit card transactions on this Site are processed using Cardsave by Worldpay, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be full encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure, Brendon Marczan use Secure Socket Layer (SSL) technology for the payment process only. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Gift Codes

Brendon Marczan Gift Codes are not yet provided.

Insurance and Delivery

Brendon Marczan insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Brendon Marczan, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 48 hours. Estimate delivery times are to be used as a guide only and commence from the date of dispatch. Brendon Marczan is not responsible for any delays caused by destination customs clearance processes. In the instance of an item falling outside our standard delivery times, an delivery timeframe will be provided on the product detail page.

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on Brendon Marczan. However, all computer monitors and devices that this Site may be viewed on, can vary and we cannot guarantee that your display of any colour will be completely accurate.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Brendon Marczan and/ or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limited the foregoing, copy and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual Property Rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site but does not include image, sound, music, video or photograph rights of Original Artworks. Brendon Marczan tries to ensure that the information on this Site is accurate and complete. Brendon Marczan does not promise that Brendon Marczan’s Content is accurate or error-free. Brendon Marczan does not promise that the functional aspects of the Site or Brendon Marczan’s Content will be error free or that this Site, Brendon Marczan Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR RIGHTS

You have certain rights under the law. In England these include:

  1. That any product you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
  2. Certain remedies if a product is defective; and
  3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

No guidelines provided in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

LIMITS ON OUR LIABILITY

No information provided in the TOS is intended to affect your rights under the law (see “Your Rights”).

If Brendon Marczan breaches the TOS, we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Brendon Marczan at the time of you placing your order, and Brendon Marczan dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Brendon Marczan as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Brendon Marczan, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW

The TOS, together with all our policies and procedures, will be governed by and construed in accordance to the relevant United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.