Privacy Policy
|
Privacy Statement / Terms & Conditions 1
Definitions In this agreement: “Carrier” means any
person or business contracted by us to carry Goods from us to you, whether
all or part of the distance. “Our Web Site” means
the entire computing hardware and software installation that is or supports
Our Web Site. “Goods” means
any of the Goods we offer for sale on Our Web Site. “Content” means
information in any form published on our website by us or any third party
with our consent. 2
Our contract with you 2.1
These terms and conditions apply: 2.1.1 so
far as the context allows, to you as a visitor to our web site; and 2.1.2 in
any event to you as a buyer or prospective buyer of our Goods. 2.2
Goods advertised may not be available. 2.3 We
shall accept your order by e-mail confirmation. Our message will also
confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is
made. It is possible that the price may have increased from that posted
on our web site. 2.4
We may change these terms from time to time. The terms that apply to you
are those posted here on Our Web Site on the day you order Goods. 2.5
All descriptions, colours and sizes of the
canvases are as indicated on our web site although some very
minor variations may occur during manufacture. Accordingly, any such
description shall not form part of this Agreement. 2.6
If for any reason we are unable to offer you the canvas you have ordered, we will
offer you alternatives before we despatch your
order. If this happens you may: 2.6.1 accept
the alternatives we offer; 2.6.2 cancel
your order; 2.6.3 leave the order valid (where you have ordered more than
one canvas), but tell us to omit the item that cannot be supplied. 2.7 If we
owe you money (for this or any other reason), we will credit your credit or
debit card as soon as reasonably practicable but in any event no later than
30 days from the date of your order. 2.8 Goods
are sent at your risk from the moment they are picked up by the Carrier
from our warehouse. 3
Price and Payment 3.1 You
must pay us the full price of your order before we will send any part of it. 3.2
Banking charges by the receiving bank on payments to us will be borne by
us. All other charges relating to payment in a currency other than
pounds Sterling (GBP) will be borne by you. 3.3 Any
details given by us in relation to exchange rates are approximate only and
may vary from time to time. 3.4 You
will pay all sums due to us under these terms by the means specified without
any set-off, deduction or counterclaim. 4
Information you give us 4.1 You
agree that you have provided, and will continue to provide accurate, up to
date, and complete information about yourself. We need this information
to provide you with the Goods. 4.2 We
will use our reasonable endeavours to respond to
any point of dissatisfaction by you, provided you contact us within three
months of purchase. 5
Delivery 5.1
Deliveries will be made by the Carrier to the address stipulated in your
order. You must ensure that someone is present to accept delivery. 5.2 If we
are not able to deliver your Goods within 30 days of the date of your order,
we shall notify you by e-mail to advise you of this and arrange another date
for delivery. 5.3 We may
deliver the goods in instalments if the goods are
not available at the same time for delivery (ie
where more than one canvas has been ordered). 6
Taxes, duties and import restrictions 6.1 We
have no knowledge of and no responsibility for, the laws in your country of
residence. 6.2 You
are responsible for purchasing Goods which you are lawfully able to import
and for the payment of import duties and taxes of any kind levied in your
country of residence. 7
Goods returned Because you are buying the Goods by mail
order, you may have a right of cancellation. If you do, (and only if you
do), these are the terms which apply: 7.1 You
must tell us you wish to cancel within 7 days of your receipt of the Goods; 7.2 In any
event, you may not cancel
orders for specially commissioned or personalised
goods (this particularly relates to canvas art pictures created with an image
you have provided us with or where you have asked us to alter a picture,
advertised on the website, to suit your specific requirements; 7.3 The
Goods must be returned to us within 30 days of your telling us you wish to
cancel: 7.3.1 with
both goods and all packaging in their original condition; 7.3.2 securely
wrapped/packaged; 7.3.3 including
any delivery slip provided by us (where applicable); 7.3.4 at
your risk and cost. 7.4 After
we have received the Goods, we will credit your credit or debit card with the
full purchase price of the goods returned no later than 30 days from the date
of receipt; 7.5
If you do not return the Goods to us, you are still liable to
us for the cost. 7.6 We are
under no obligation to collect or recover Goods from you, but if we do, our
costs will be payable by you. 8 Disclaimers 8.1 We or
our Content suppliers may make improvements or changes to Our Web Site, the
Content, or to any of the Goods, at any time and without advance notice. 8.2 You
are advised that Content may include technical inaccuracies or typographical
errors. 8.3 We
give no warranty and make no representation, express or implied, as to: 8.3.1 the
adequacy or appropriateness of the Goods for your purpose. 8.3.2 the
truth of any information given on Our Web Site; 8.3.3 any
implied warranty or condition as to merchantability or fitness of the Goods
and Services for a particular purpose; 8.3.4 compatibility
of Our Web Site with your equipment software or telecommunications
connection. 8.3.5 compliance
with any law; 8.3.6 non-infringement
of any right. 8.4 Our
Web Site contains links to other Internet web sites. We have neither
power nor control over any such web site. You acknowledge and agree that
we shall not be liable in any way for the Content of any such linked web
site, nor for any loss or damage arising from your use of any such web site. 8.5 We are
not liable in any circumstances for special, indirect or consequential loss
or any damages whatsoever resulting from loss of use, loss of data or loss of
revenues or profits, whether in an action of contract, negligence or
otherwise, arising out of or in connection with your use of Our Web Site or the
purchase of Goods. 8.6 In any
claim against us our liability is limited to the value of the goods you have
purchased in the contract which is the subject of the dispute. 9
Content and Intellectual Property Rights 9.1 Title,
ownership rights, and intellectual property rights in the Content whether
provided by us or by any other Content provider shall remain the sole
property of us and / or the other Content provider. We will strongly
protect its rights in all countries. 9.2 You may
not copy, modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit
any of the Content, in whole or in part, except as is expressly permitted in
this agreement. You may download or copy the Content only for your own
personal use, provided that you maintain all copyright and other notices
contained in such Content. You may not store electronically any significant
portion of any Content. 10
System Security 10.1 You
agree that you will not and will not allow any other person to, violate or
attempt to violate any aspect of the security of the Installation; 10.2 You
agree that you will in no way modify, reverse engineer, disassemble,
decompile, copy, or cause damage or unintended effect to any portion of Our
Web Site, or any software used on Our Web Site, and that you will not permit
any other person to do so. 10.3 You
understand that any such violation is unlawful in many jurisdictions and that
any contravention of law may result in criminal prosecution. 10.4
Examples of violations are: 10.4.1 accessing
data unlawfully or without consent; 10.4.2 attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures; 10.4.3 attempting
to interfere with service to any user, host or network, including, without
limitation, via means of overloading, "flooding", "mail
bombing" or "crashing"; 10.4.4 forging
any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting; 10.4.5 taking
any action in order to obtain Goods to which you are not entitled. 10.5 You
agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising out of: 10.5.1 any
violation of system security as set out above; 10.5.2 your
use of Our Web Site; 10.5.3 any
other breach or violation of this agreement by you; 10.5.4 the
infringement by you, or by any other user of your computer, of any
intellectual property or other right of any person or entity, or as a result
of any threatening, libellous, obscene, harassing
or offensive material contained in any of your communications. 11 Indemnity You agree to indemnify us against
any claim or demand, including reasonable lawyers’ fees, made by any
third party due to or arising in any way out of your use of Our Web Site, or
the infringement by you, or by any other person using your computer, of any
intellectual property or other right of any person. 12
Contractual Limitation Where we provide Goods without
specific charge, then it (or they) is deemed to be provided free of charge,
and not to be associated with any other service for which a charge is
made. Accordingly, there is no contractual nor other obligation upon us
in respect of any such goods. 13
Rights of third parties Nothing in this agreement or on
our web site shall confer on any third party any benefit under the provisions
of the Contracts (Rights of Third Parties) Act 1999. 14
Severability If any of these terms is at any
time held by any jurisdiction to be void, invalid or unenforceable, then it
shall be treated as changed or reduced, only to the extent minimally
necessary to bring it within the laws of that jurisdiction and to prevent it
from being void and it shall be binding in that changed or reduced form.
Subject to that, each provision shall be interpreted as severable and shall
not in any way affect any other of these terms. 15
No Waiver No waiver by us, in exercising
any right, power or provision hereunder shall operate as a waiver of any
other right or of that same right at a future time; nor shall any delay in
exercise of any power or right be interpreted as a waiver. 16 Dispute
Resolution In the event of a dispute arising
out of or in connection with these terms or any contract between you and us,
then you agree to attempt to settle the dispute by engaging in good faith with
us in a process of mediation before commencing arbitration or litigation. 17 Force
majeure We are not liable for any breach
of our obligations resulting from causes beyond our reasonable control
including strikes of our own employees. 18
Governing Law This Agreement shall be governed
by and construed in accordance with the law of England. This agreement
shall not be governed by the United Nations. (These Terms and Conditions are fairly
standard and used by a number of organisations
retailing canvas artwork) |