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Terms & Conditions

Terms & Conditions

Last updated: [30/08/2026]

These Terms & Conditions apply to purchases made through kimwitcher.com.

The Website is operated by Kim Witcher  (the Artist”).

Contact: kim@kimwitcher.com

By placing an order through the Website, you agree to these Terms & Conditions.

1. The Artwork

All artwork offered for sale on this Website is created by the Artist and may include original ceramic sculpture, cold bronze sculpture and other sculptural works.

Each piece is an individual work of art. As a result, there may be small variations in colour, texture, finish, surface detail or appearance. These characteristics are part of the nature of handmade artwork and should not necessarily be regarded as faults.

The photographs on the Website are intended to give an accurate representation of the artwork. However, colours may appear slightly different depending on your screen or device.

Dimensions, materials and other relevant details are provided in the individual product description.

2. Availability

Artwork shown as available on the Website may be one-of-a-kind or available in limited quantities.

If an artwork has been sold or becomes unavailable after you place an order, I will contact you as soon as possible and provide a full refund for any payment made for the unavailable item.

3. Prices and Payment

All prices are displayed in pounds sterling (£) unless otherwise stated.

The price payable is the price displayed on the Website at the time you place your order.

Any applicable delivery charges will be shown before you complete your purchase.

Payment must be made using the payment methods available through the Website.

An order is not accepted until payment has been successfully received and I have confirmed the order.

4. Placing an Order

When you place an order, you are making an offer to purchase the artwork selected by you.

You will receive an order confirmation by email.

I reserve the right to contact you if there is an issue with your order, including an error in the listed price, description or availability.

If I am unable to fulfil your order, I will notify you and refund any payment you have made.

5. Delivery

Delivery arrangements and estimated delivery times will be provided with your order.

Artwork will be packaged carefully and appropriately for its size, weight and material.

Delivery times may vary depending on the destination, courier and availability of the artwork.

For larger, fragile or particularly valuable sculptures, special delivery arrangements may be required. If this applies to your purchase, I will contact you before dispatch.

For international orders, the customer is responsible for any applicable customs duties, import taxes or other charges imposed by the destination country unless expressly stated otherwise.

6. Damage in Transit

Because many of the artworks are fragile and handmade, they are packaged carefully before dispatch.

If your artwork arrives damaged, please contact me as soon as possible and preferably within 48 hours of delivery, providing photographs of:

  • the artwork;
  • the packaging;
  • any visible damage; and
  • the shipping label.

This information will help me deal with the courier and resolve the matter as quickly as possible.

Nothing in this section affects your statutory consumer rights.

7. Returns and Cancellation

If you are purchasing as a consumer online, you generally have the right to cancel your purchase within 14 days of receiving the artwork, without giving a reason, subject to applicable legal exceptions. GOV.UK

If you wish to cancel an order, please contact me at:

kim@kimwitcher.com

Returned artwork must be handled with reasonable care while it is in your possession and should be returned securely packaged.

Unless the artwork is faulty, damaged or not as described, you may be responsible for the cost of returning an unwanted item where the law permits.

Where a cancellation is valid, refunds will be made in accordance with applicable consumer law.

Bespoke and personalised artwork

Cancellation rights may not apply to artwork that has been made specifically to your individual requirements or personalised at your request, where applicable under consumer law. GOV.UK

Any such exceptions will be explained to you before you place the order.

8. Faulty or Misdescribed Artwork

Your statutory consumer rights are not affected by these Terms & Conditions.

Artwork must be as described and of satisfactory quality, subject to the nature of handmade and artistic work. Consumers retain their legal rights where goods are faulty, not as described or otherwise fail to meet the requirements of consumer law. GOV.UK

If you believe an artwork is faulty or not as described, please contact me with details of the problem and photographs where appropriate.

9. Care of Artwork

Sculptures should be handled and displayed with appropriate care.

Ceramic sculpture can be fragile and should be protected from knocks, falls and unsuitable environments.

Cold bronze is a composite material with a bronze surface or finish and should be treated as artwork rather than as solid cast bronze.

Unless specifically stated otherwise in the product description, artwork should be kept away from excessive moisture, extreme temperatures and direct exposure to harsh chemicals or cleaning products.

Any care instructions supplied with an individual artwork should be followed.

10. Intellectual Property and Copyright

AI Training, Scraping and Automated Data Collection
All artwork, photographs, images, written content and other material on this Website may not be copied, scraped, harvested, reproduced, extracted, stored, distributed or otherwise used without the prior written permission of the Artist. This includes any use of the Website’s content, artwork or images for the purpose of training, developing, testing, fine-tuning or improving artificial intelligence, machine-learning or generative-AI systems. Automated collection or systematic extraction of content from this Website by bots, crawlers, scrapers or other automated systems is expressly prohibited unless prior written permission has been granted by the Artist.All artwork, photographs, written content, designs and other material displayed on this Website are protected by copyright and other intellectual property rights.

Copyright in the artwork remains with the Artist unless expressly transferred in writing.

Purchasing an artwork does not give the purchaser the right to reproduce, copy, photograph for commercial purposes, manufacture from, or otherwise exploit the artwork commercially.

The Artist retains the right to photograph and reproduce images of artwork for portfolio, exhibition, promotional, editorial and other artistic purposes, unless otherwise agreed in writing.

11. Website Images and Descriptions

Every effort is made to ensure that descriptions, dimensions, prices and images are accurate.

Because artwork is photographed under particular lighting conditions and displayed on different screens and devices, colours and details may appear slightly different from the physical artwork.

This does not affect your statutory rights.

12. Limitation of Liability

Nothing in these Terms & Conditions excludes or limits liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory consumer rights.

I will not be responsible for losses that are not reasonably foreseeable or for circumstances outside my reasonable control.

Nothing in these Terms & Conditions is intended to remove or restrict any legal rights you have as a consumer. Consumer terms must be fair and transparent. GOV.UK

13. Events Outside My Control

I will not be responsible for delays or failure to perform my obligations where this results from circumstances beyond my reasonable control, such as severe weather, natural disasters, strikes, transport disruption, courier delays or other events outside my control.

I will make reasonable efforts to keep you informed of significant delays.

14. Privacy

Personal information provided when placing an order will be handled in accordance with my Privacy Policy.

Information will be used where necessary to process orders, arrange delivery, communicate with customers and meet legal obligations.

15. Website Use

You may use this Website for lawful purposes only.

You must not copy, reproduce, modify, distribute or commercially exploit the Website’s content without written permission.

I reserve the right to make changes to the Website, including artwork availability, descriptions and prices, where appropriate.

16. Governing Law

These Terms & Conditions are governed by the laws of England and Wales.

If you are a consumer, nothing in these Terms & Conditions affects any mandatory rights you may have under the laws that apply to you.

17. Contact

If you have any questions about an artwork, an order, delivery or these Terms & Conditions, please contact:

Kim Witcher
Email: kim@kimwitcher.com
Website: kimwitcher.com

© Kim Witcher