Terms of service

Terms of Service

1. Overview

This website is operated by Sean Phelan Mirror Gilding Ltd, a company registered in England and Wales, company number 13923287, registered office F61 Cherwell Business Village, Southam Road, Banbury, Oxfordshire, OX16 2SP, United Kingdom. We trade as Studio Phelan.

Throughout the site, "we", "us" and "our" refer to Sean Phelan Mirror Gilding Ltd. We offer this website, including all information, tools and products available from it, to you the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or purchasing from us, you agree to be bound by these Terms of Service, including the additional terms and policies referenced here or available by hyperlink, in particular our Returns & Refunds policy, our Shipping & Delivery policy and our Privacy Policy, each of which forms part of these terms.

Please read these Terms of Service carefully before using the site. If you do not agree to all of them, you should not use the site or buy from us.

We may update these terms from time to time. The version in force is the one published on this page at the moment you place your order. Continued use of the site after a change means you accept the revised terms.

2. Using this site

By agreeing to these terms, you confirm that you are at least the age of majority in your country of residence, or that you are the age of majority and have given us your consent to allow any minor dependent to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in using the site, breach any law in your jurisdiction (including copyright law).

You must not transmit any worm, virus or code of a destructive nature, attempt to gain unauthorised access to the site or its related systems, or scrape, harvest or copy any part of the site or its content for a competing purpose. A breach of these terms ends your right to use the site immediately.

3. Products and descriptions

We take care to describe and photograph every piece accurately.

Many pieces are finished by hand or made to order, and no two are identical. Small variations in colour, grain, patina, finish and dimension are inherent to the work and are not defects. Photography and screen calibration also affect how colour and finish appear online. Where an exact match matters to you, contact us before ordering and we will describe the piece in writing or arrange further images.

Dimensions given are the piece itself. Crated dimensions are larger. If access is tight, ask us for full crated dimensions before you order (see the Shipping & Delivery policy).

Products are offered subject to availability. We may change or discontinue any product at any time, and we may limit the quantities of any product we offer.

We have made every effort to display our products accurately, but we cannot guarantee that your screen's display of any colour will be accurate.

4. Prices, currency and taxes

All prices are shown in the currency you have selected. Prices in currencies other than pounds sterling are converted at the prevailing rate and may change with exchange rate movement; the sterling price is the reference price.

Prices include UK VAT where applicable. Orders delivered outside the United Kingdom are zero-rated for UK VAT; import VAT and duty in the destination country are payable by you. Our VAT registration number is shown in our Legal notice.

Prices exclude delivery unless stated otherwise. Delivery is charged as set out in our Shipping & Delivery policy.

Prices for orders delivered outside the United Kingdom exclude import duties, taxes and customs clearance fees, which are set by the destination country and payable by you on arrival.

We may change prices at any time before you place an order. A change never affects an order we have already accepted.

5. Orders and when a contract is formed

Placing an order on the site is an offer to buy, not a completed contract. Your order is accepted, and a contract formed between you and us, only when we send you an order acceptance email or, for made-to-order pieces, a written order confirmation setting out the specification and lead time.

We may decline an order. Reasons include a piece being unavailable, an error in the price or description, a delivery address we cannot ship to safely, or a failed payment or fraud check. If we decline your order we will tell you and refund any payment in full.

Where an item is listed at an obviously incorrect price and the error should reasonably have been apparent, we may cancel the order and refund you rather than supply at that price.

We reserve the right to limit or refuse orders that appear to be placed by dealers, resellers or distributors.

6. Made-to-order and commissioned pieces

Most of our collection is made to order, and we also accept commissions.

• We will confirm the specification, price and lead time in writing before we begin work. That written confirmation, together with these terms, is the contract.
• Because these pieces are made to your specification, the 14-day right to cancel does not apply once work has begun. This is set out in full in our Returns & Refunds policy. Your statutory rights if a piece is faulty, not as described or not of satisfactory quality are unaffected.
• Lead times given are our honest estimate. If a lead time changes we will tell you as soon as we know. Where a delay is substantial and caused by us, you may cancel and receive a full refund of anything you have paid.
• Any change you request to an agreed specification after work has begun may affect the price and the lead time. We will confirm both in writing before proceeding.

• Commissioned and made-to-order pieces are paid in two parts: at least 50% when you place your order, and the balance before your piece is shipped. If you cancel before we begin work, we refund your deposit in full. Once work has begun the order cannot be cancelled, as set out above.

7. Delivery, risk and title

Delivery, lead times, crating, signature, access and import charges are governed by our Shipping & Delivery policy, which forms part of these terms.

Risk in the goods passes to you on delivery, or on the goods being left in accordance with instructions you have given. Title in the goods passes to you when we have received payment in full.

Please check your piece on arrival and tell us immediately if there is transit damage.

8. Returns, cancellation and refunds

Returns, the change-of-mind window, the made-to-order exclusion, who pays return delivery, and refunds are governed by our Returns & Refunds policy, which forms part of these terms.

9. Accuracy of information on this site

We are not responsible if information on this site is not accurate, complete or current. The material here is provided for general information and should not be relied on as the sole basis for a decision without consulting more accurate, complete or timely sources.

This site may contain historical information, which is not current and is provided for reference only. We may change the content of this site at any time, but we are under no obligation to update it.

10. Third-party links and tools

We may provide access to third-party tools over which we have neither control nor input, and links to third-party sites. These are provided "as is" without warranty of any kind. Any use you make of them is at your own risk, and you should review the third party's own terms and policies. Complaints or questions about a third-party product should be directed to that third party.

11. Comments, feedback and submissions

If you send us creative ideas, suggestions, proposals or other material, whether at our request or not, you agree that we may use, edit, copy, publish and distribute it without restriction and without obligation to keep it confidential, pay for it or respond to it.

You agree that anything you submit will not breach anyone else's rights, will not be unlawful, abusive, defamatory or obscene, and will not contain malicious code. We may, but have no obligation to, monitor, edit or remove such content. You are solely responsible for anything you submit and for its accuracy.

12. Personal information

Your submission of personal information through the store is governed by our Privacy Policy.

13. Errors, inaccuracies and omissions

Occasionally information on our site or in our service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, lead times or availability. We may correct errors, change or update information, or cancel orders affected by an error at any time without prior notice, including after you have submitted your order.

14. Our liability to you

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited or excluded, including your statutory rights under the Consumer Rights Act 2015.

If you are a consumer. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable. We are not responsible for damage caused by hanging, fixing or installing a piece after delivery, for damage caused by unsuitable environment or use, or for normal wear and change in materials over time.

If you are a business. We exclude all implied conditions, warranties and terms to the fullest extent permitted by law. We are not liable for loss of profit, loss of business, business interruption or loss of business opportunity, and our total liability in connection with any order is limited to the price paid for that order.

The site and the products are provided "as is" and "as available" except as expressly stated in these terms and in your statutory rights.

15. Events outside our control

We are not liable for delay or failure to perform where it is caused by something outside our reasonable control, including strikes, transport or carrier failure, customs delays, fire, flood, storm, epidemic, war, or failure of utilities or telecommunications. If such an event occurs we will contact you and extend the lead time. Where the delay is substantial you may cancel the affected order and receive a full refund of anything you have paid for goods not yet delivered.

16. Indemnity

You agree to indemnify and hold harmless Sean Phelan Mirror Gilding Ltd and its officers, employees and suppliers from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

17. Intellectual property

All content on this site, including images, text, product descriptions, designs and the Studio Phelan name and marks, belongs to us or our licensors and is protected by intellectual property law. You may not reproduce, distribute or use it commercially without our written permission.

18. Severability

If any provision of these terms is found to be unlawful, void or unenforceable, that provision is severable and does not affect the validity and enforceability of the remaining provisions.

19. Termination

These terms are effective unless and until terminated by either you or us. You may terminate at any time by ceasing to use the site. If you fail to comply with any term, we may terminate your access without notice. Obligations and liabilities incurred before termination survive it.

20. Entire agreement

These terms, together with our Returns & Refunds policy, Shipping & Delivery policy and Privacy Policy, and any written order confirmation we send you, constitute the entire agreement between you and us and supersede any prior agreements or communications. Any ambiguity is not to be construed against the drafting party.

21. Governing law and disputes

These Terms of Service and any separate agreements by which we provide products to you are governed by the law of England and Wales, and you and we submit to the non-exclusive jurisdiction of the courts of England and Wales.

If you are a consumer resident in the European Union, you keep the benefit of any mandatory consumer protection provisions of the law of the country in which you live, and you may bring proceedings in the courts of that country.

If you have a complaint, please contact us first at sean@studiophelan.com; we would far rather resolve it directly.

22. Contact

Sean Phelan Mirror Gilding Ltd (company no. 13923287) Registered office: F61 Cherwell Business Village, Southam Road, Banbury, Oxfordshire, OX16 2SP, United Kingdom Email: sean@studiophelan.com