Our terms & conditions
By ordering one of Brian Taylor’s sculptures, you agree to be bound by these terms and conditions and warrant that you are an individual and at least 18 years old. I would recommend that you print a copy of these terms and conditions.
Where to find information about me and my products
You can find everything you need to know about me, Linda Michèle Franklin, and the products listed on my website before you order. I also confirm the key information to you in writing by email.
Your contract with me
The sculpture that you have enquired about will be uniquely tailored to you because, in advance of entering a contract with me, you will have decided on a custom-made plinth following a consultation with me.
Once we have agreed on the details of the bespoke plinth, my email, to which these terms and conditions are attached, constitutes an offer to sell the sculpture that you have enquired about. The offer is deemed accepted when you confirm by return that you wish to proceed with the purchase.
When you have accepted the offer, I will provide you with my bank details. You shall then make payment for the sculpture in full to those bank details within 7 days and, without limiting my remedies in the “When I can end my contract with you” section of these terms and conditions, I shall be entitled to charge you interest on any balance that is not paid within this period at a rate of 2% a year above the Bank of England’s base rate from time to time (but at 2% for any period when that base rate is below 0%).
Timeframes and collection
I will start producing your sculpture within 14 days after I have received your payment, or such other time as I may advise you in writing by email.
Sculptures generally take up to 8 to 10 weeks to produce, but I will keep you updated on the progress – as well as any potential changes to this timeline – throughout this period.
When your sculpture has been produced, I will let you know by email. I will also confirm the central London address from which you (or a third party authorised by you) shall collect the sculpture. Sculptures are available for collection two days each month, and these dates are listed and updated by me on my website. You (or the third party you have authorised) shall collect the sculpture within a month of me confirming that it has been produced, at a time agreed between us by email.
You will own the sculpture when I receive payment in full for the sculpture, but I will retain the risk in the product until you have collected it. I am not responsible for any damage that any third party collecting the sculpture on your behalf causes to the sculpture.
When you buy from me you are agreeing that:
I’m not responsible for delays outside my control.
Sculptures can vary slightly from their pictures and descriptions.
You do not have a legal right to change your mind.
You have rights if there is something wrong with your sculpture.
I can end my contract with you.
I don't compensate you for all losses caused by me or my sculptures.
I use your personal data as set out in the Privacy Notice.
Other important terms apply to our contract.
I’m not responsible for delays outside my control
If my supply of your sculpture is delayed by an event outside my control, I contact you as soon as possible to let you know and do what I can to reduce the delay. As long as I do this, you won't be compensated for the delay.
Sculptures can vary from their pictures and descriptions
A sculpture’s true colour and dimensions may not exactly match that shown on your device or in the listing. All sizes, weights, capacities, dimensions and measurements indicated on my website can be out by up to 20%, and it is not uncommon for sculptures to end up a slightly different colour to what is expected.
You do not have a legal right to change your mind
Because my sculptures include a plinth that is bespoke to you, you do not have a legal right to change your mind after we have entered this contract.
When I can end my contract with you
I can end my contract with you for a sculpture and claim any compensation due to me if:
you don't make any payment to me when it's due; or
you don't, within a month of me confirming that your sculpture has been produced, collect the sculpture. In these circumstances, I am entitled to treat your order as cancelled and refund the purchase price.
I don't compensate you for all losses caused by me or my products
I’m not responsible for losses you suffer caused by me breaking this contract if the loss is:
Unexpected. It was not obvious that it would happen and nothing you said to me before I accepted your order meant I should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside my control. As long as I have taken the steps set out in the section I'm not responsible for delays outside my control.
Avoidable. Something you could have avoided by taking reasonable action, including following my reasonable instructions for collecting, transporting and looking after the sculpture.
My total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the sculpture and all claims for loss of profit or indirect or consequential loss are wholly excluded.
I use your personal data as set out in the Privacy Notice
How I use any personal data you give me is set out in the Privacy Notice: Privacy Policy
Other important terms that apply to this contract
I can transfer my contract with you, so that a different individual or entity is responsible for supplying your sculpture. I'll tell you in writing if this happens and I'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with me to someone else if I agree to this.
Nobody else has any rights under this contract. This contract is between you and me. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if I delay in enforcing this contract, I can still enforce it later. I might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean I can't do it later.
This contract is governed by English Law. Wherever you live, you can bring claims against me in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against me in the courts of the country you live in. I can claim against you in the courts of the country you live in.