BANKSY SCREEN PRINT TERMS & CONDITIONS
The limited edition Banksy screen prints advertised for sale on this website ("Banksy Prints") are advertised by the Legacy of War Foundation, a UK charity registered with the Charity Commission under charity number 1174792.
ALL proceeds from this sale will go to fund supplies for our team in the conflict zone in Ukraine.
By using this site and/or registering your interest to purchase a Banksy Print you accept these Terms. If you do not agree to these Terms, you must not use our site.
Registering your interest to purchase
The Banksy Prints are a limited edition of 50 and we expect demand will outstrip supply. Not everyone who registers an interest to purchase a Banksy Print will be able to do so. Only a limited number of those who register will be invited to purchase a Banksy Print. We have also limited the amount that people can buy to one per person, with a maximum of one per household.
If you are interested in buying a Banksy print from us, you must first register your interest by completing and submitting the registration form on our site by 11:59pm (UK time) on 16th December 2022 ("Closing Date"). You must provide all the details required by that form.
There is no charge to register your interest but registering your interest does not guarantee that you will be able to buy a Banksy print. After the Closing Date, 50 people will be selected and contacted with an invitation to purchase a Banksy Print.
By submitting an application to register your interest you agree to be bound by these Terms.
Multiple applications are not permitted; only one application can be made per person and per household. You must complete the application yourself. It must not be automatically generated by a computer or completed by a third party. Bots are banned.
You must be aged 18 or over to register your interest.
Applications may be disqualified for any breach of either these Terms (which include any additional terms stated on the registration form), or if your conduct is contrary to the spirit or intention of these Terms.
We do not accept responsibility for applications that are lost, damaged or delayed in transit, regardless of cause, including, for example, as a result of any technical malfunction, systems, network, server or software failure of any kind.
If for any reason beyond our reasonable control (including without limitation by reason of a virus, bug or other cause) the application and selection process cannot be carried out or completed as set out above, we reserve the right, in our sole discretion, to cancel, modify or suspend the affected application process.
We also reserve the right to cancel individual applications without liability to affected applicants if the security or proper administration of the process or the validity of an application is adversely affected.
If you are one of the selected applicants, we will inform you by email (using the email address you provided in your registration form) within 7 days from the Closing Date. If you do not receive a confirmation by that time, please assume that you will not be able to purchase a Banksy print from us.
Sale of Banksy Prints
We deem the contract for sale to have been made at the point the Banksy Print is dispatched to you and not the point of payment. You may receive a notification that your application to register your interest has been accepted, but this does not guarantee that you will be able to purchase a Banksy Print.
If your application to register your interest has been accepted you will receive an email from us confirming the payment details. You must then make that payment in full within 7 working days of the date of our email (a "working day" is any day which is not a Saturday, Sunday or a Bank Holiday in England).
Banksy Prints which are not paid for in full within 7 working days of the date of our email inviting the purchase will not be reserved and we may invite other applicants to purchase those Banksy Prints. We will have no liability to you for any failure to pay in full within the stated timeframe, regardless of the reason for that.
***BE AWARE OF ONLINE FRAUD***
It is your responsibility to check that any email purporting to be from us is genuine before parting with your money. If you are at all concerned, please email us at [email protected] for verification before making payment.
If you receive an invitation to purchase, it is personal to you and is not transferable. Your invitation to purchase has no monetary value and may not be redeemed for cash.
We'll make contact with you to arrange shipping options before your order is ready to dispatch.
We will endeavour to dispatch the screenprint within six weeks of the date of payment
Once we have received payment in full, the Banksy Print has been dispatched and the contract has been formed, you will own that Banksy Print, but it will only be your responsibility from the time we deliver the item to the address you gave us (or from the time that your pre-arranged carrier collects it from us).
We reserve the right to not sell a Banksy Print to anyone at any time if we reasonably believe that these Terms have or will be breached, even if you have received an invitation to purchase a Banksy Print and payment has been made. In such instances your order will be cancelled and if payment has been received a full refund will be processed promptly.
If we accept and process your order where there has been a pricing error, we may end the contract, refund you any sums you have paid and require the return of the Banksy Print if it has been provided to you.
We only provide our site for domestic and private use. You agree not to use our site or to purchase Banksy Print for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We reserve the right to refuse to sell to and refund (if applicable) any person who we reasonably believe is buying a Banksy Print for resale. For example, if you advertise your Banksy Print for sale prior to being in receipt of it, we reserve the right to no longer fulfil the order.
If you are invited to purchase a Banksy Print, we may need certain information from you so that we can supply it to you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract or decline to enter into a contract. We will not be responsible for not supplying the Banksy Print if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Certificates of Authenticity
Our Banksy Prints are genuine Banksy artworks and owners will be entitled to apply for a Pest Control Office Certificate of Authenticity. Pest Control Office Ltd is the official authenticating body for Banksy's artworks.
If you would like to receive a Pest Control Office Certificate of Authenticity then you may be required to enter into a separate sales agreement with Pest Control Office Ltd as a condition of purchasing.
Pest Control Office Ltd will not issue Certificates of Authenticity until the second anniversary of the date of purchase. Certificates will be sent to the purchasers at the delivery addresses provided at the point of purchase. Please be sure to tell Pest Control Office Ltd if your details change.
Please contact Pest Control Office Ltd by email at [email protected] if your address changes or if you do not receive a Certificate of Authenticity within 30 days after the second anniversary of the date of your purchase. If you address has changed from the delivery address you may be required to provide evidence of your new address.
Emails, invoices and receipts do not constitute Certificates of Authenticity.
Personal Data
Personal data received during the registration and order process is used for the purposes of administering the registration process and fulfilling orders. This information will also be provided to Pest Control Office Ltd (see Certificates of Authenticity above).
Pest Control Office Ltd keeps records of ownership of genuine Banksy artworks. Pest Control Office Ltd will process your personal data in accordance with their Privacy Policy, which can be found at https://pestcontroloffice.com/privacy.asp
To ensure that we have fairly administered the allocation of buyers, limited details (such as surname, country and county) of people whose applications to register an interest are successful may be made available to the Advertising Standards Authority.
Payment Information
Your credit card details are not stored by us. Card details are securely delivered directly to our bank account via the secure Sage Pay Online Payment System.
Copyright and Trade Marks
Certain images used on this website are reproduced with the express permission of the artist, Banksy. Copyright is retained by the artist and images must not be reproduced without the express written permission of Pest Control Office Ltd.
Registered trade marks belonging to Pest Control Office Limited are used by us (with permission of Pest Control Office Ltd) to denote the authenticity of our Banksy Prints. Only official products and services are allowed to use trade marks belonging to Pest Control Office Ltd. You are not permitted to use their trade marks without their express written approval.
No reproduction rights are granted with sale of the Banksy Prints. Any unauthorised reproduction of the Banksy Print may result in legal proceedings.
Disclaimers
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons.
The information contained in this site is provided 'as is'. We make no representations, warranties or guarantees, whether express or implied that the information on our site is accurate, complete or up to date.
The image of the Banksy Print on our site is for illustrative purposes only. If you purchase a Banky Print it may vary from that image. The dimensions indicated on our website are approximate.
We do not guarantee that our site will be secure, or free from bugs or viruses. You must not do anything to harm our site.
This site is intended for adults only. We accept no responsibility for any offence that materials on the site may cause. Access to this website is at the users own risk.
We are not responsible in any way for the content of any websites externally linked to this website. We are not responsible for the actions of users of this website.
Our liability
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.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the items including the right to receive items which are of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
Cancelling your contract
Your rights when you end the contract will depend on whether there is anything wrong with the Banksy Print you purchased, and when you decide to end the contract.
Something we have done
In certain situations you can end your contract with us because of something we have done (for example, if we make a significant change to these Terms and you do not agree with the change, if there is going to be a significant delay to delivery, or if we have done something wrong). The contract will end immediately on you telling us you want to end it and we will refund you in full for any items not provided.
Changing your mind
You have a legal right to change your mind within 14 days (after the day you receive the items) and claim a refund.
How to end the contract with us (including if you have changed your mind)
To end the contract with us, please let us know by emailing us at [[email protected]]. Please provide your name, home address, your phone number and email address.
If you end the contract for any reason after your Banksy Print has been dispatched to you or you have received it, you must return the Banksy Print to us. You must either post the items back to us at an address we shall specify when we receive your cancellation request, or allow us to collect them from you. Please email us first. If you are exercising your right to change your mind you must send off the items within 14 days of telling us you wish to end the contract.
We will only pay the costs of return it the Banksy Print is damaged on arrival or misdescribed or if you are ending the contract because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the full costs of return. If you are responsible for the costs of return and we are collecting the items from you, we will charge you the cost to us of collection.
Refunds
If you are entitled to a refund as set out above we will refund you the price you paid for the items including delivery costs (up to the value of cheapest delivery method that we offer), by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Banksy Print, if this has been caused by your handling it in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Banksy Print and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.
Our rights to end the contract
We may end the contract for any item at any time by writing to you if:
a)you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Banksy Print;
c) you do not, within a reasonable time, allow us to deliver the Banksy Print to you or collect them from us;
d) we reasonably suspect that you are a trader or are buying a Banksy Print for resale on the secondary market;
e) you are (or we reasonably believe you will be) in breach of these Terms.
If we end the contract in the situations set out above we will refund any money you have paid in advance for items 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.
We may write to you to let you know that we are going to stop selling the Banksy Prints (but we are not obliged to do so if you have not yet paid for a Banksy Print in full). We will refund any sums you have paid in advance if the Banksy Print will not be provided.
If there is a problem with the Banksy Print
We are under a legal duty to supply items that are in conformity with this contract. Nothing in these Terms will affect your legal rights.
If you wish to exercise your legal rights to reject the Banksy Print you must either post it back to us or allow us to collect them from you. We will pay the costs of postage or collection. Please email us at [[email protected]] for a return label or to arrange collection.
Other Terms
We may transfer our rights and obligations under these Terms to another organisation, including Pest Control Office Ltd. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
Nobody else has any rights under these Terms. These Terms and any contract for sale is a contract is between you and us. With the exception of Pest Control Office Ltd no other person shall have any rights to enforce any of the provisions of these Terms.
If a court finds part of these Terms illegal, the rest will continue in force.
Even if we delay in enforcing these Terms, we can still enforce it later.
These Terms are governed by the laws of England and Wales. The courts of England and Wales will have non-exclusive jurisdiction for resolution of any lawsuit or court proceeding permitted under this Agreement, which means that if you are a UK consumer you may only bring any lawsuit or court proceedings against us in a court in your country of residence or the courts of England and Wales. If you are a UK consumer and we wish to enforce any of its rights against you, we may do so only in the courts of your country of residence.
We are the owner or the licensee of all intellectual property rights in our site. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Contact
If you wish to contact us, email: [[email protected]]