These are the terms and conditions on which we agree to supply to you products ordered on our website www.magnusgjoenart.com. Please read these terms carefully before you submit your order to us.
1. Contact
1.1 Who we are. We are Magnus Gjoen® Art a trading name of Punch & Co. Ltd, a company registered to Magnus Gjoen in England and Wales with company number 07311304, having its registered office at 148 Shoreditch High Street, London, E1 6JE
1.2 How to contact us. You can contact us at info@magnusgjoenart.com, or by post to our postal address above.
1.3 How we may contact you. If we have to contact you we will do so by telephone, email or (if necessary) by post, using the contact details you provided to us when placing your order.
2. Your order
2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will will refund you for the product. This might be because we have sold out of limited production run products or because we have identified and error in the price or description of the product.
2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3. Our Products
3.1 Availability. We will endeavour to ensure that the website does not have any technical problems and that products displayed are available. However, as our product lines are typically produced in limited production runs and released on our website in product drops for which there is high demand, we cannot guarantee the availability of the website or that any products on the website will be available for purchase. In the event that your ordered items are unavailable we will notify you as soon as we can.
3.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Please note that colours on our website may vary slightly depending on how your monitor is calibrated and which operating system your computer or mobile device uses. We do our very best to make sure al our images are true to the actual product you are purchasing but we can’t guarantee a perfect match every time due to almost limitless variations in home monitor set ups and operating systems.
3.3 Hand finished products. Some items have hand-finished parts such as gold leaf or gloss varnish. This means that the texture and natural occurrences in the medium cannot be seen as flaws and warrant a refund.
4. Delivery
4.1 The countries we ship to. We ship worldwide.
4.2 When your order is shipped. The estimated delivery times vary depending on location. Once we have shipped your order , we will send you an email confirming that your order is on its way.
4.3 Delivery costs. The costs will be as displayed at checkout, however most orders include free shipping.
4.4 When you become responsible for the product. The product will be your responsibility once delivered to the address you gave us.
4.5 When you own products. You own a product once we have received payment in full.
4.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through the letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
4.7 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 8.2 will apply.
4.8 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. A substantial delay mentioned which you have agreed to does not merit the ending of the contract.
5. Price and payment. The price of the order and delivery costs (which includes UK VAT where applicable) will be in pounds sterling and will be indicated during the order process.
We accept payment for orders via Visa, Mastercard, American Express and Paypal.
6. Returns policy.
6.1 Returns. Products can be returned in their original and sale-able condition and packaging within 14 days of receipt by registered mail at the buyers expense.
6.2 Damage. Damaged items must be reported within 24 hours of receipt. We will replace damaged items where possible and only issue a refund if this is not possible. If damage happens to an artwork at a framers, please ask them to contact us directly and we will try to work with them to get you a replacement where possible.
6.3 What happens if we get the pricing wrong. It’s always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the website. If the product’s correct price at your order date is higher than the correct price stated, we will contact you and offer you the possibility to confirm the order at the correct price or cancel you order.
6.4 Non refundable items. We will not refund shipping and crating of original works and framed pieces and original pieces sold at a discount outside our usual promotions.
7 Your Statutory right to cancel the contract
If you are a customer in the EU or Norway, Lichtenstein or Iceland, you have a statutory right to cancel any order you place with us within 14 days of receiving the order. This is an additional and separate right to our returns policy (set out above). You may choose either method to return orders.
If you are a non-EU customer, this cancellation right is not available to you. Our returns policy is however the same 14 days.
7.1 Cancelling your order before delivery. You may cancel your order before it is delivered by emailing us at info@magnusgjoenart.com. If the order has already been shipped, please follow our returns policy.
7.2 Cancelling your order after delivery. If your order has already been delivered, you have a legal right to change your mind within 14 days after the day on which the products come into your possession and receive a refund. The following terms apply to this cancellation right:
(a) How to Cancel. To cancel you must inform us within 14 days the day on which you receive the product. You can contact us via email: info@magnusgjoenart.com.
(b) Returning the cancelled order. You must return the product to us in perfect original sale-able condition in the original packaging within 7 days of telling us you wish to cancel, by returning the product by post to: Punch & Co. Ltd Unit 6, 148 Shoreditch High Street, London, E1 6JE. You are responsible for returning and shipping charges. For your protection, please be sure to return your
products via recorded or registered post.
(c) How we will refund you. We will refund you the price you paid for the products, together with delivery costs. How even we may make deductions from the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which means they are not in perfect original sale-able condition in the original packaging. If we refund you the price paid before we are able to inspect the products and
later discover you have handled them in an unacceptable way you must pay us an appropriate amount.
(d) When we will refund you. We will make any refunds due to you as soon as possible, and in any event within 14 days after the day on which we receive the product back from you or, if earlier 14 days after the day on which you provide us with evidence that you have sent the product back to us.
8. Our rights to end the contract
8. 1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
(b) you do not (or your chosen carrier does not), within a reasonable time, collect the
products (in accordance with paragraph 4.7).
8. 2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 8. 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9. Queries and complaints
9. 1 How to tell us about problems. If you have any questions or complaints about the product,please contact us. You can email us at info@magnusgjoenart.com or write to us at Punch & Co. 148 Shoreditch High Street, London, E1 6JE.
If you are not completely satisfied with how your complaint is resolved by us, you can contact the Online Dispute Resolution platform.
10. Our responsibility for loss or damage suffered by you
10. 1 Your legal rights. You have certain rights under the law, including that any products you order through this website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this website. Nothing in these terms and conditions will affect your legal rights.
10. 2 We are responsible to you tor foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and us knew it might happen.
10. 3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no
liability to you for any loss of profit, loss of business, loss of goodwill, business interruption or loss of business opportunity (and in each of these cases whether the losses suffered are
direct or indirect). This is subject to paragraphs 10. 1 and 10. 4.
10. 4 Loss and damage that is not limited by us. Nothing in these terms and conditions will have the effect of limiting or excluding our liability (I) for death or personal injury caused by our negligence, or (ii) fraudulent misrepresentation, or (iii) any other liability which cannot be excluded or limited under applicable law, such as your legal rights referred to in paragraph10. 1 above.
11. Other important terms
11. 1 We may change these terms and conditions from time to time.
11. 2 We may transfer our rights and obligations under these terms to another organisation or deal with them in any other way that we consider appropriate.
11. 3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11. 4 Nobody else has any rights under these terms and conditions. This contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11. 5 If a court or relevant authority finds part of these terms are unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Version 5, January 2023