TERMS AND CONDITIONS
Welcome to ARTful website. To access and use this website, you are subject to the following terms and conditions:
This Website is operated by:
Terms and Conditions
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. ARTful website will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of ARTful website or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ARTful website and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by ARTful website or its licensors. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of ARTful Ltd.
Terms of Sale
How a contract is formed between you and us
Using Our Website:
After placing an order on Our Website, you will receive a Confirmation Email. This does not mean that your order has been accepted. Your order constitutes an offer to us to buy the product(s) you have ordered. All orders are subject to acceptance by us.
Orders will only be accepted by us upon dispatch of the product(s) you have ordered. We will confirm such acceptance to you by sending you an email which confirms that the order has been dispatched (“Dispatch Confirmation”).
The contract will be formed when we send you the Dispatch Confirmation, unless we notify you that we do not accept your order or if you have cancelled it.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Delivery takes between 7-14 days depending on location.
In order to contract with ARTful website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ARTful website retains the right to refuse any request made by you. If your order is accepted we will inform you by email or phone and we will confirm the identity of the party which you have contracted with. This will usually be ARTful website or may in some cases be a third party. Where a contract is made with a third party ARTful website is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
1. Our Contract
When you place an order, you will receive an acknowledgement e-mail or phone confirming receipt of your order: this communication will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we provide you with confirmation by e-mail or phone that the goods which you ordered have been dispatched to you.
Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
2. Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; please contact us further once purchasing a piece of artwork.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Art work prices do not include cost of packaging and delivery which are charged in addition. Shipping cost is calculated from point of despatch (London UK) to your chosen address. Delivery address details, timing, costs and any special options will be confirmed by phone or email prior to delivery. Once the delivery details are confirmed you will be issued with a tracking reference.
You will be required to sign for the delivered package so it is your responsibility to inspect the work on delivery. If your work should arrive damaged please record the damage in detail with the person making the delivery, and contact us immediately by phone or email. We recommend that you photograph any damage to the external packaging before opening and of the work when opened. We will refund or if possible replace any damaged works.
If you wish to return your work for any reason you must do within 10 days of delivery. Simply return the works in the same condition to receive a full refund. We ask that you return the items in the original packaging or equivalent using a courier service approved by us. A full refund of the cost of your purchased work will be made within 1 month of receipt by us. Delivery costs cannot be refunded.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ARTful website and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect ARTful website’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with ARTful website and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to ARTful website.
You agree to indemnify, defend and hold harmless ARTful website, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
ARTful website shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments at firstname.lastname@example.org.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ARTful website. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of ARTful website.