Effective Date: TBD.

Terms and Conditions

1. Definitions.

1.1 The conditions constitute the entire agreement and understanding in relation to the sale and purchase of any goods identified on the invoice, for the price stated on the invoice.

1.2 To the fullest extent permitted by law no other conditions expressed or implied shall apply. We confirm that to the best of our knowledge we either own the rights or are authorised to sell it on behalf of the copyright owner.

1.3 If you wish to request any variation of these conditions, you must ensure that this has been agreed by Reactive Light in writing, prior to any sales or purchases.

1.4 All sales by Reactive Light are subject to these conditions. Without limitation these conditions apply, acceptance of these conditions shall be demonstrated and agreed upon:

(1) by your signature or that of your agent on the invoice;

(2) by full or partial payment of the purchase cost;

(3) by any other words or conduct signifying yours or your agent’s acceptance;

(Example: by accepting an offer for the sale of goods, you or your agent will always be subject to these conditions);

(4) by your acceptance or that of your agent on delivery documentation.

1.5 No agreement may be cancelled by you or your agent. You on demand shall indemnify and keep Reactive Light indemnified in full against all loss, costs (including legal fees and court costs) and expenses incurred by Reactive Light as a result of this agreement being breached in any way in full or in part by you or your agent. Reactive Light may, but are not obliged to, mitigate our losses, liabilities, costs, and expenses.

2. Statement of goods.

2.1 All statements by Reactive Light as to the authenticity, attribution, description, date, age, provenance, title, or condition of all goods sold by Reactive Light, constitute our judgement and opinion only and are not warranted by Reactive Light. Reactive Light do not accept any liability as a result of any changes in expert opinion which may take place following any sale.

2.2 While Reactive Light will on request explain the condition of any goods at the time of the sale and provide any information in our possession about the condition for which you may reasonably ask, Reactive Light will not be responsible for any subsequent deterioration of any goods, however caused, after the sale. Reactive Light accept no responsibility regarding the hanging, displaying or modification of any goods sold; any activity undertaken in this regard is at the risk of the purchaser.

2.3 All photographs, advertising and specifications provided by Reactive Light, are issued, or published for the sole purpose of giving an approximate representation of goods, and does not imply exact or complete information.

2.4 You are responsible for satisfying yourself as to any statements made by Reactive Light, as to the conditions set out in clauses 2.1, 2.2, and 2.3 above.

3. Payment.

3.1 You must pay Reactive Light the invoice price for the purchased goods, together with any associated delivery costs, all applicable taxes, and any amounts payable to us under clause 7, using the payment methods offered by Reactive Light upon purchase, unless otherwise confirmed in writing by Reactive Light. Payment is deemed received upon funds being cleared.

3.2 You are not entitled to withhold payment of any amount payable to Reactive Light by reason of any dispute or claim by you whether by way of offset, counterclaim, or any other deduction. In the event of non-payment or any other breach, Reactive Light shall be entitled to obtain and enforce judgment without determination of any claims by you.

3.3 Reactive Light reserves the right to require you to present such documents, as Reactive Light may require to confirm your identity. Where a purchase is made by someone other than you (“third party”), Reactive Light may require documents to confirm their identity and their relationship with you. Reactive Light also reserves the right to decline such purchases in our sole discretion.

4. Payment by Reactive Light to third parties.

4.1 Reactive Light may at their discretion pay a commission to parties, who has assisted with the sales and marketing of Reactive Light.

5. Production of Products.

5.1. As goods are produced separately for each individual purchase, all goods will be sent for production following the
7-day cancellation period outlined in section 14.

6. Delivery of Products and Transfer of Risk.

6.1. Limited edition prints from Reactive Light are mainly produced in Germany, to some of the highest standards available, this adds up to 9 days to the production process.

Limited edition goods will be dispatched following the production process.

Non-limited goods will be dispatched following the production process.

Standard international delivery is free, and is included within the retail cost of the item at checkout.

Average delivery times are available below;

Limited Edition Goods: 19 Working Days.

6.2. Any purchased goods will be delivered to the registered payment address, unless a confirmed alternative address is submitted by the purchaser. You the purchaser are responsible for all costs of delivery or collection unless we agree otherwise in writing.

6.3. You will be responsible for the goods, for the risk of damage to it or loss of it and for insuring it, from the time and date agreed for its delivery and you agree that thereafter you will not hold Reactive Light responsible for insuring the goods or for any loss or damage to the goods.

All goods will be covered by appropriate insurance provided by the couriers used to deliver the goods, any losses following dispatch, will be covered by the terms of insurance in effect provided by the courier and Reactive Light shall have no liability for loss of profit, business, revenue or incidental, consequential, or exemplary damages, also Reactive Light shall have no liability for delayed deliveries.

6.4. If you fail to accept delivery of the goods at the agreed time, Reactive Light may charge you for the reasonable costs of storage, insurance and re-delivery and risk in the goods shall immediately pass to you and you irrevocably authorise Reactive Light to cancel the purchase without refund, if the acceptance of delivery has not occurred within six months of the purchase.

6.5. Dates quoted for delivery are approximate and Reactive Light shall not be liable for delay. Time of delivery shall not be of the essence nor capable of being made of the essence. You the purchaser are responsible for providing Reactive Light with all necessary information and documentation to facilitate delivery.

6.6. While Reactive Light will make every effort to process deliveries in the timescale specified, however on occasion there may be delays due to unforeseen circumstances. In the event of a delay, your order will be prioritised and any delays minimised where possible.

6.7. All goods will be dispatched using insured services, that offer international tracking, tracking information will be provided following dispatch.

7. Transfer of Ownership.

7.1. Full legal ownership of the goods will not pass to the purchaser until we have received in full in cleared funds all sums due in respect of the goods and any other amount owed by you to Reactive Light and Reactive Light is satisfied as to your identity and that of any third party involved.

8. Export and Local Taxes.

8.1. If goods are to be exported from the United Kingdom, Reactive Light will make appropriate arrangements for the export and shipment of the goods to be exported. The Purchaser is responsible for all additional charges applicable for the export and import of any goods purchased, charges associated with the export of goods will be applied at the time of purchase, unless otherwise agreed in writing by Reactive Light. All costs associated with the import in to the destination country of the purchaser, are the sole responsibility of the purchaser, and are payable to the purchasers’ local customs agents, Reactive Light holds no responsibility for any import duties/costs associated with any purchase.

8.2. Each party will to the extent such obligation is applicable to that party in connection with the sale and/or export of goods:

8.2.1. Comply with all requirements of any relevant tax authorities (that is, any authority imposing, administrating, or collecting any tax, duty or levy including HM Revenue and Customs), any export licensing authorities and any other relevant official bodies; and

8.2.2. Obtain all the relevant documents showing proof of export without delay.

8.2.3. If a security/border check is required, Reactive Lights may need to supply additional information, if Reactive Light requires this information from the purchaser, the purchaser will be contacted to request this information. in this event delivery will be delayed until the required information can be provided.

If Reactive Light is unable to acquire the additional information required, the sale will be cancelled and a refund processed, minus any cost associated with the purchase.

8.3. The purchaser will reimburse to Reactive Light any sum claimed if any relevant tax authority or other official body makes any claim against Reactive Light for VAT, sales tax, use tax or any other expense or penalties resulting from your failure to comply with any relevant requirements for export and import of a product purchased by you, the purchaser.

8.4. You will be responsible for paying any taxes including but not limited to import tax, duty, merchandise, sales or use tax, that must be paid in the country of destination whether on shipment or on import or at any other time.

9. Breach of Conditions.

9.1. If you fail to pay the agreed price in full in accordance with section 3 above, or if prior to you paying the price in full you fail to comply with the obligations set out in sections 6 and 7 above, or otherwise do or fail to do anything which may in any way imperil our ownership of the goods or the goods them self, Reactive Light is entitled (without prejudice to our other rights and remedies at law) to either:

9.1.1. Terminate the contract for sale, repossess the goods and claim damages for any loss Reactive Light have suffered; and/or charge you interest on the amount unpaid at the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 or where that Act does not apply at the rate of 2% per annum above the national interest rate, as set by the Bank of England, base rate from the date when payment was due until payment is made in full; and/or retain any sums paid; and/or to further seek to mitigate the loss by selling goods on such terms as Reactive Light may reasonably consider appropriate and to claim the balance from you; or

9.1.2. At our election, treat the sale as cancelled, and repossess the goods, in which case (and only in which case) and as your sole and exclusive right and remedy Reactive Light shall following the safe return of the goods, refund to you any part of the price you have paid, after deduction of any sums due to us including but not limited to costs of production, delivery, recovery and restoration of the goods.

9.2. We shall also have the right to repossess the goods and cancel the sale if before you make full payment of the purchase price to Reactive Light, (1) proceedings occur in the UK or elsewhere involving your solvency or (2) Reactive Light have reasonably evidence that insolvency is about to occur in relation to you or otherwise have genuine doubt with respect to your capacity to pay the price in full, then Reactive Light, at our option, immediately repossess the goods and/or terminate the sale with or without notice whereupon, without prejudice to any other rights and remedies available to Reactive Light, you will return the goods to our nominated address (at your sole risk and cost), or, at our option, Reactive Light may enter the premises where the goods are kept to regain possession. Nothing herein shall limit other rights available to Reactive Light to recover costs applicable by law.

9.3. Where Reactive Light notify you of the exercise of our right to repossession, at our option you will within seven days of such notice, return the goods to our premises at your cost and risk or tell us where the goods are kept and allow Reactive Light to enter the premises where the goods are kept and take the goods away at your cost (where the goods consist of more than one item, it is understood that, our rights of repossession extend to all such items).

10. Limitation of the Liability of Reactive Light.

Reactive Light shall not be liable for loss of profits, business, revenue (whether direct or indirect) or indirect or consequential loss or damage, if any, which you may suffer in connection with buying the goods howsoever arising including negligence. Any liability to you for breach of Reactive Light obligations whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid for the goods, provided that nothing in this section 9 limits or excludes our liability for: (a) death or personal injury caused by our negligence or any of our agents; and/or (b) fraud or fraudulent misrepresentation; and/or (c) our wilful default. Any claim against Reactive Light must be submitted within a period of one year from the date of the invoice for the goods. We shall not accept any claim after these periods.

11. Termination of Agreement.

Reactive Light have the right, to terminate a sale without notice to you, the refund of the price paid will constitute your sole remedy and recourse against Reactive Light with respect to any claims.

12. Copyright.

The copyright for all images and other materials produced for the sale of the goods are owned by the individual artists within Reactive Light and as such, images and materials may only be used with the permission of both the artist and Reactive Light. Reactive Light and the individual artists will have the right to use such images at our own discretion after the sale of any goods. For the avoidance of doubt, this sale does not transfer or assign any licence, copyright, or other intellectual property rights to you. During the period in which the goods are protected by copyright, the copyright ownership remains with the artist (or any person to whom that right has been assigned). Purchasing goods from either Reactive Light or the artist, does not include the right to produce copies of the goods for publication, commercial use, or any other act that may be restricted by copyright. If such rights are sought, you should contact Reactive Light to purchase the rights for reproduction and obtain permission of use in writing.

13. Notices.

Any notice to be given to Reactive Light or that we must give to you, in connection with the sale of goods must be in writing and delivered by trackable post, or by hand, to our address on our invoice or, to your last known address as notified to Reactive Light by you, and shall be deemed as delivered on delivery, if by hand or on confirmation of delivery via the chosen postal service.

14. Further Information.

14.1. It is not our standard policy to sell electronic/digital goods, however in the exceptional, where a contract for the sale of the electronic/digital goods is in place, it will be carried out to the provisions of The Consumer Contracts Regulations 2013 applicable to the sale of the goods in question:

14.2. We confirm that Reactive Light is the party to whom any complaints or comments should be directed.

14.3. If you have concluded a transaction exclusively at a distance, you have the right to cancel the contract for the purchase of the goods in question within 7 days of the purchase, as goods are produced separately for each purchase, the right to cancel expires after 7 days.

14.4. If you cancel a contract concluded exclusively at a distance for the purchase of the goods, we will reimburse to you all payments received from you, including the costs of delivery, except where costs arise for which Reactive Light is responsible. Without prejudice to any other rights or remedies which may be available to Reactive Light in law or in equity, Reactive Light may make a deduction from the reimbursement for any losses suffered. We will make any reimbursement to which you are entitled without undue delay, and not later than:

14.4.1. 14 days after the date of cancelation.

14.5. Refunds will not be issued following the cancellation period of 7 days from the purchasing date.

14.6. Replacement goods will only be issued at the discretion of Reactive Light, replacements can only be requested direct from Reactive Light, and will require photographic evidence of defects and/or damage, before an RMA number can be assigned to the purchaser. Before a replacement can be issued, goods for replacement must be returned to Reactive Light for inspection using the RMA number assigned to the purchaser, if Reactive Light deems that a replacement is to be issued, delivery of the replacement item will be arranged directly between Reactive Light and the purchaser on a case-by-case basis.

14.7. Replacements may only be issued due to manufacturing defects or damage caused within the delivery process, in the event that damage is caused within the delivery process, replacements will only be issued following an insurance claim with the courier used for delivery.

14.8. The conditions within this document and any non-contractual obligations arising from or in connection with them, shall in all respects be construed and take effect in accordance with English law and both parties agree to submit to the exclusive jurisdiction of the English Courts.

15. Arbitration.

15.1 Notwithstanding section 14 above, Reactive Light may, by giving written notice to you, elect to have any disputes arising out of, or in connection with, the sale and purchase of the goods referred to a single arbitrator to be resolved in accordance with the Arbitration Act 1996. The seat of such an arbitration will be chosen by Reactive Light within the United Kingdom and the language to be used in the arbitral proceedings will be English.

15.2. In the event that the parties cannot agree upon an arbitrator either party may apply to the President of the law society of England and Wales for the time being to appoint as arbitrator of not less than 5 years standing. The decision of the arbitrator shall be final and binding, and enforceable in any court having jurisdiction over you.

15.3 The parties acknowledge each other’s right to seek, and the power of the high court or other appropriate courts to grant, interim relief without a need to post a bond or other security, no Court action shall be brought in relation to any claim or dispute until the arbitrator has made a final award. Any dispute concerning this agreement, as well as the price shall be kept confidential by you.

16. General Conditions.

16.1. Both parties agree that in entering into the agreement neither party relies on, nor has any remedy in respect of, any statement, representation, or warranty, negligently or innocently made to any person (whether party to this agreement or not) including without limitation any representation made prior to or at the same time the agreement is entered in to, other than as expressly set out in the agreement as a warranty. The only remedy for breach of any warranty shall be for breach of contract under the agreement. Nothing in the agreement shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.

16.2. The benefit of the agreement and the rights thereunder shall not be assignable by you and any attempt to assign your obligations shall be null and void. None of our obligations under this Agreement are transferable to subsequent purchasers or other future possessors of the goods. Reactive Light may sub-contract or assign our obligations to third parties.

16.3. In the case of a consumer contract within the meaning of the Unfair Contract Terms Act 1977, these conditions shall not apply to the extent that they would be rendered void or unenforceable by virtue of the provisions thereof.

16.4. Neither party intends the terms of the Contract to be enforceable by a third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

16.5. Reactive Light shall not be liable for any breach of the agreement due to causes or events outside our reasonable control. In such circumstances we shall be entitled to exercise our rights under this agreement.