These Terms and Conditions set out the rules of sale of products on our website and our related obligations and liabilities, as well as your rights and obligations as a Consumer.
In this document, by “Consumers” we mean the person(s) who order and/or purchase a product on our website and whose details were provided to us in the process of placing an order. We may refer to Consumers as “you” or “Consumer” in the 3rd person (singular or plural) and use any derivative words, such as “your”, “his” or “their”. All references to clauses in this document are meant to refer to clauses hereof unless expressly stated otherwise.
1. Seller
All products available for purchase on our website are made and sold in the name and on behalf of Omnilex Limited, a company incorporated in England and Wales under Company Number 14143476 with the registered address at Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX which operates under the tradename Bucentaure®. It will be the owner of the products before their delivery to Consumers (see clause 5 below).
Physical products (printed materials, frames and accessories) may be manufactured and supplied to you by third parties pursuant to a contract with Omnilex Limited. In this case, your contractual relations will be with Omnilex Limited, which will exercise all the rights and will bear all the obligations and liabilities as the seller, and Omnilex Limited will not be required to name the actual manufacturer and supplier of such products unless pursuant to a substantiated request of the Consumer. The commercial terms of relations between Omnilex Limited and its third party contractors are confidential information, which shall not be disclosed to Consumers except pursuant to an express binding order of a court or another competent authority.
2. Products
2.1 The products we offer for sale on our website may include both digital products (TIF, JPG and other files) and physical products including original prints and maps and copies thereof, either framed or unframed, depending on the options available for a particular product and selected by the Consumer upon placing an order.
2.2 All products, whether digital or printed copies, are available to Consumers in resolution of at least 600 ppi/dpi or higher, which is as close to the original as possible.
2.3 As the underlying original prints and maps are very old (more than 200 years, in some cases more than 400 years old), they may have been digitally restored. Therefore, copies that we make may not be identical to the underlying original paper prints/maps in terms of colours, shades and brightness, as well as the paper on which they are printed (because paper used in the 17th and 18th century is no longer available), but they will be identical in all other respects, including graphics and sizes. While we do our best to remove any damage and tarnish due to the physical deterioration of the original paper prints/maps, our copies may still bear some light traces of such damage, which do not affect their visual and aesthetic value. It is our deliberate choice to make the copies as close to the original prints/maps as possible, reflecting their age and texture and only to remove excessive damage, including any stains and excessive fading due exposure to light.
The images provided for each product on our website reflect accurately what each print/map will look like when printed (unless you choose it to be printed in black and white where applicable – see below), except that their resolution was deliberately reduced to ensure smooth operation of the site. Therefore, you can expect that the product you will order to purchase on our website will be identical to what you see on our website except for (i) the resolution and (ii) any distortion or alteration of colours, brightness and contrast that may result from the technical characteristics and settings of the device from which you visit our website. We offer an option, at no additional charge, to print monochrome (not originally coloured) prints and maps in black and white, so as to eliminate any colouring due to fading and to make the print/map look like new.
2.4 All products made by or on behalf of Omnilex Limited are based on the originals owned by the latter or its owner. Similar or even identical original prints may exist and be owned by other parties. Neither such other parties nor any other third parties may claim any copyright or any other rights in the products that we make and sell.
2.5 When products are ordered to be mounted/framed, they will be mounted with a mat/passpartout either in the default frame (default option) available in your country, which you can see at Frames, or in another frame selected by you and available in your country. If you choose a different frame than the default frame (where available), the order shall only be deemed placed and its processing shall start upon the selection of the frame and the calculation and payment of the price. If you do not like any of the frames available, we suggest that you purchase an unframed print and use a framing service of your choice.
3. Your rights to the products
3.1 Except as provided in clause 3.2 below, any product that you order to purchase on our website (whether it is digital or physical) may be used by you exclusively for non-commercial purposes. You may not copy them for sale to third parties or any other commercial use (including without limitation printing them for sale on other media than paper). In case of breach of this obligation, we shall be entitled to recover damages caused to our business and to seek injunctive relief. However, as the owner of the product, you may freely give or sell it to any third party, but you should make it clear that such party may not use it for any commercial purposes.
3.2 If you want to purchase, or acquire right to, any product for commercial purposes, you may contact us to discuss the possible terms and conditions (see Corporate).
3.3 The provisions of this clause 3 shall survive the termination, expiration or cancellation of the contract of purchase between the seller and the Consumer.
4. Execution times
We strive to fulfil the Consumer’s orders as quickly as possible. However, specific execution times may vary depending on the type of product you order and your location. In fact, since all our products are unique we do not keep a stock of them (except for originals, where available, and digital products), but each ordered product is manufactured by hand to order, which takes time.
We shall inform you about the expected delivery time within two business days after the placement of the order.
The standard range of execution times (after the placement of order and payment) is as follows:
- 1-2 business days for digital products
- 5-7 business days for unframed products
- 10-12 business days for framed products.
The above is just a guidance as the timing of order fulfilment can be affected by various factors beyond our control, such as public holidays, industrial action, etc. We shall do our best to minimize any delays and shall keep you informed of any deviation from the standard execution times and expected delivery dates.
5. Delivery/Transfer of title
5.1 Once a product has been ordered and paid for, it will be delivered to you within the time-frames specified in clause 4, in case of physical products – by a delivery service that we (or our contract partners) choose depending on your location. We offer delivery of physical products only in specified countries in Europe and North America. If there is no delivery option available in your country, we cannot make and sell you the physical product, although we can arrange for delivery to certain counties on a case by case basis.
5.2 We do not earn money by shipping products and we do our best to minimise the costs of shipment to make our products affordable for our Consumers. We (or our contract partners) select delivery services based on their quality, reliability and cost-efficiency.
We list shipment costs separately from the price of products unless it is included in the price, which is currently the case for products delivered in the United Kingdom (our home market). They vary for different countries and we shall list the applicable shipment rates when you enter your delivery address.
5.3 We are responsible for delivering the product to you in perfect condition. If it is damaged upon delivery, please refer to clause 7.2 for your rights and remedies.
5.4 The title to the product shall pass to you upon delivery.
6. Payment
6.1 You can pay for our products by credit or debit card or using PayPal payment services. Payment must be made before the order is processed. In case of a direct bank transfer (if this option is available), we shall start to process the order upon the receipt of the full amount of payment in our designated bank account.
6.2 In cases where you are entitled to a refund (see clause 7 below), we shall use the same means of payment to refund you unless you prefer another method of online payment, such as direct transfer to your bank account. In the latter case, all additional banking and transaction fees, if any, will be at your cost and will be deducted from the amount paid. We shall inform you of such fees in advance, so you could decide whether you want to proceed with this method of payment.
7. Returns and cancellations
7.1 Cancellation without cause. All our products (other than digital products) are made by hand pursuant to the customer’s order and specifications. Therefore, when you place an order on our website, you will not purchase a product that already exists but will order the making of a bespoke product specifically for you. For that reason, as a general rule, we cannot accept cancellations without reason after the order has been placed except for the following.
7.1.1 For unframed products (other than digital), we offer to Consumers located in the United Kingdom the possibility to cancel without reason, provided you notify us of your decision to do so within 14 days of the delivery (including before the actual delivery). In this case, we shall refund you the amount you paid, including the purchase price and shipping costs, within 14 days after the return of the product to the address in the United Kingdom that we shall provide to you (the “Return Address”), provided that the product is in the same condition in which it was shipped to you. You are responsible for packaging to ensure that the product is not damaged during shipment to the Return Address.
If you choose to cancel the order without reason in cases described above, you shall return the product at your cost (unless the cancellation was made and accepted before the product was shipped to you) to the Return Address and shall bear the risk of loss until delivery to the Return Address.
To exercise your right to cancel in cases described above, you must write to us by e-mail within the period stated above setting out clearly your intention to cancel the contract without reason or for any reason other than set out in clause 7.2 below. You may use the template below but do not have to, as long as you provide to us all the relevant information to allow us to identify you as the Consumer, the relevant order and the product, as well as the date of the cancellation.
| To Omnilex Limited: |
| I / we hereby give notice that I / we cancel my / our contract of sale of the following product [●] |
| Ordered on [●] / received on [●] |
| Name of Consumer [●] |
| Address of Consumer [●] in the UK* |
| Signature of Consumer (only if this form is notified on paper) |
| Date [●] |
We shall respond to you within three business days specifying the Return Address for the return of the product.
7.1.2 For digital products, we shall accept cancellations without reason before the product has been delivered to and downloaded by you. In this case, we shall fully refund you the purchase price you have paid for such product. After that we shall only accept cancellations for cause (see clause 7.2 below). You may use for the cancellation the template above.
7.2 Cancellation for cause. If the product is found to be damaged[1], defective or in non-conforming to its description on our website (subject to clause 2.3 above) upon its delivery to you, you shall notify us immediately providing the detailed description and photographs of any damage, defect or non-conformity. If we are satisfied that there is damage or a defect which was due to the manufacturing or shipment of the product, or that the product was otherwise non-conforming, we shall offer to customers located in the UK and the US the choice of the following options:
a) Replacement of the defective/non-conforming product with an identical product at no cost to you (or, if you choose, a different product with any difference in price accounted for in the final settlement); or
b) Partial refund of the purchase price (20-50% depending on the extent of damage or non-conformity) if the product is still usable and you choose to keep it.
For customers located in other countries, we offer only option a) above.
Whichever of these two options you choose (where applicable), you will not be required to return the product to us at your cost but we may decide (at our discretion) to request the return of the product at our cost in case you choose option a), in which case you shall either hand over the products to the shipper designated by us or ship it back yourself with the related reasonable and documented costs (including those of packaging) reimbursed by us in full.
We shall not accept any claims of defects, damage or non-conformity raised more than two calendar days after the delivery of the product unless there is a legitimate reason for such delay (for example, if the defect was hidden and could not have been discovered upon the first inspection).
[1] Damage does not include any effect of aging or deterioration of the original prints, including fading, which was not eliminated through digital restoration if the product (either digital or physical) conforms to the image provided on our website. Please refer to clause 2.3 above.
