This website is owned and operated by Edward Agnew-Morley, trading as Chip & Splinter. The content here lays out the Terms and Conditions under which you may use and interact with this website, and the content and services offered within. The website offers access to any visitor to browse the artworks produced by Chip & Splinter, and the means to purchase these artworks and products as applicable. By accessing this website, you both agree and approve that you have read, understood and accepted the Terms and Conditions and consequently consent to, and accept, these terms.
Key Commercial Terms Offered To Customers
When purchasing an artwork from Chip & Splinter, you agree that: (a) you are responsible for carefully checking all the relevant details on the product item listings before making a commitment to purchase.
(b) You enter into a legally binding contract to purchase an artwork when you commit to buy, and have made a 50% down payment and completed an order form. Lastly: (c) Everybody is welcome to access the website and browse the contents for personal interest, but to make a purchase you should be over 18 and have the legal authority, right and freedom to enter into a binding agreement with Chip & Splinter to make a purchase.
Indemnification
You agree to indemnify and hold Edward Agnew-Morley risk-free from any demands, loss, liability, claims or expenses, (including solicitor’s fees), made against the aforementioned by any third party due to, or arising out of, or in connection with your use of the Chip & Splinter website or any of the services offered on the website. You may not, without the express permission of Chip & Splinters’ specific written instructions, distribute or commercially exploit any of the content. Nor may you transmit it or store it on any other website or other form of electronic retrieval system without unambiguous permission.
Copyright
The Chip & Splinter artworks, photographs, text, graphics and layout design shown on this website are the sole copyright of Chip & Splinter. You may display, image capture, screenshot, download or print portions of the material from any part of the site, but only for your own private and non-commercial use, or to help with placing an order with Chip & Splinter. You are not permitted under any circumstances to reproduce anything at all for the purpose of third-party sales.
Limitations and Liabilities
Chip & Splinter shall not be liable for any special or consequential damages that could occur from any of its products, or from the mishandling of such. It is the sole responsibility of an individual artwork owner to ensure its safe display and/or properly maintain its lifelong performance.
Delays
It is always the intention that Chip & Splinter will complete and supply a customer order within a 30-day period. Although it will normally be less than 30 days, Chip & Splinter cannot always guarantee delivery within this time frame. This could be due to potential delays with outside suppliers, postal/courier issues or other unspecified problems out of the control of Chip & Splinter. If there is a potential delay, the customer will always be contacted and informed of the most expedient solution.
The Artworks
Chip & Splinter tries hard to make all the product details and pictures as clear, descriptive, and self explanatory as possible in order that valued customers can clearly see what they are purchasing. Every artwork has a ‘carousel’ of photographs depicting every artwork close up, face on, at an angle, in various colour finishes, and even some of the effects achieved by the benefit of side lighting. In some cases, there may be slight visual differences between what is seen on a mobile phone or computer screen and the piece of work you actually receive. Chip & Splinter cannot accept any liability for any small differences but will take all reasonable measures to ensure such differences are extremely minimal. (NB: Photographs of a completed artwork are always issued to customers before delivery but, even then, there may be differences in colour representation.)
Personal Information, Emails and Content
Chip & Splinter will use any personal data offered for the specific purpose of fulfilling a contract with you, the customer. For example, if you make a purchase from Chip & Splinter, we will use the personal data that you give us solely to communicate about that specific artwork purchase, and to help provide the requested piece of work satisfactorily.
Payment
Making a payment for an artwork simply involves placing an order, either by phone or by e-mail, via the website. At present, Chip & Splinter does not operate with a Shopping Cart payment process. Payment is a simple two-part process: 50% of the full price is payable upon the placing of an order, with the second 50% due upon completion of the artwork, just before the delivery.
Contact with the customer will be made to inform them regarding completion, along with several photos of the completed artwork, so that if there are any amendments or queries that need addressing, everything can be confidently signed off before the artwork leaves the studio, and before the second payment. Chip & Splinter do not charge for postage and packing, although if any courier insurance is deemed necessary, or requested, an extra charge may be added after confirmation with the customer. This charge is equally split between the two parties, and is often advisable for peace of mind with valuable and potentially breakable items that are not easily or quickly replaced.
Bespoke/Custom Artworks and Conditions.
Bespoke (def): Describes anything commissioned to a particular specification, specially made for a particular person, or for the usage of an individual customer. The word bespoke implies exclusivity and limited runs, e.g. a limited edition of a particular artwork, as is the case with the Chip & Splinter portfolio.
Every artwork offered for sale on the Chip & Splinter website, (with the sole exception of any 2-D graphical print illustrations which, at the present time, are not available), is considered to be, and comes under the heading of Bespoke. Consequently, Chip & Splinter artworks are not associated with or linked to the standard return policies. This is the case with most specially commissioned art that is specifically ordered by a customer. Chip & Splinter aims to have happy, well-informed, customers who will love their purchase, and enjoy purchasing from us, so it is critical that the customer knows exactly what they are purchasing before any payment occurs. It is important that any queries are answered straight away so that the process of creating the commission goes smoothly right up to delivery. This gives the potential customer enough information to make an informed decision about the work they intend to purchase. Please read further for more specific details on this subject in the Delivery and Returns section.