Terms and conditions
These Terms and conditions:
- Apply to you upon your accessing this Site.
- May be changed or terminated by For Arts Sake without notice for any reason and at any time. You agree that For Arts Sake has no obligation to inform you of the se changes and that it is your responsibility to estbalish whether the terms and conditions have been so changed. If you disagree with any changes then you must stop using this site immediately.
In this agreement:
- “We” means the company For Arts Sake.
- “You” means any visitor to our website/our customer.
- “Carrier” means any person or business contracted by us to carry goods from us to you.
- “Our website” means the entire computing hardware and software installation that is or supports our website.
- “Goods” means any of the goods we offer for sale on our website.
- “Content” means information in any form published on our websitte by us or any third party with our consent.
Our Contract with You
- Goods advertised may not be available.
- We shall accept you order by email confirmation. Our message will also confim details of your purchase and tell you when we shall dispatch your order in a separate email. This is when our contract is made.
- We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order any goods.
- All descriptions and dimensions of goods are those of the original artist and you may not rely on their accuracy.
- Your contract is with us, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding the sales of goods, returns, commissions or refunds.
If the goods you order are not available:
- If we owe you money, 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.
Price and Payment:
- You must pay us the full price of your order before we will send any part of it.
- 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 will be borne by you.
- You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
Information you give us:
- 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.
- Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
- If you order a number of items we will contact you if for whatever reason they cannot be delivered together.
- Any damage must be notified to For Arts Sake within 2 days of receipt. We ask that you return the goods to us straight away and upon receipt of the goods, we will arrange for the item to be exchanged or refunded. In either case, we will reimburse you the cost of returning the faulty or damaged goods and we will pay the cost of delivering any replacement to you.
Returns and Refunds:
Because you are buying the goods by mail order, you have a right of cancellation. If you do these are the terms which apply:
- All correspondence regarding the return of goods shall be carried our between you and us. You may not contact any artist directly for any reason.
- You must tell us you wish to cancel within 7 days of receipt of the goods.
- We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within 3 months of purchase.
- In any event, you may not cancel or return any comissioned or personalised orders.
- The goods must be returned to us and not the artist within 14 days of notification, with both goods and all packaging in their original condition; securely wrapped; including our delivery slip, at your own risk and cost.
- After we have received the goods, we will credit your account with the full purchase price of the goods returned.
- If you do not return the goods to us, you are still liable to us for the cost.
- We are under no obligation to collect or recover goods from you.
- This site and the materials, products and services in this site are provided on an “as is” and “as available” basis.
- We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods at any time and without advance notice.
- You are advised that content may include technical inaccuracies or typographical errors.
- We give no warranty and make no representation, express or implied, as to:
- The adequacy or appropriatness of the goods for your purpose.
- Any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose.
- Compatibility of our website with your equipment software or telecommunications connection.
- Non-infingement of any right.
- Our website contains links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked websibe, nor for any loss or damage arising from your use of any such website.
- 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 website or the purchase of goods.
- 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.
Content and Intellectual Property Rights:
- 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 it’s rights in all contries.
- You may not copy, modifu, publish, transmit, transfer 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 electronically store any significant portion of any content.
- You agree that all copyright, trademarks and other intellectual property rights in the material or content of this site shall remain at all times vested in For Arts Sake or it’s licensors.
- You agree that the content of this site is made available for you in your personal capacity and for your personal use only.
- You agree that you may only download the content of this site onto one computer hard drive, but not for commercial use, and that any otehr use of the content of the site is strictly prohibited.
- You agree that you will neither solely or jointly with or on behalf of any other third party directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this site.
- You agree that you will not change, in any, way any proprietary notices from material downloaded from this site by you for your non-commercial, person use.
- You agree that by the act of posting materials onto this site you grant For Arts Sake and any licensors an irrevocable, perpetual, royalty free worldwide license to use the said materials in any manner which For Arts Sake see fit. The license will include broadcasting, editing, copying, distributing and otherwise transmitting the material.
The trademarks, logos and service marks used and displayed on this website are, unless otherwise specified, the trademarks of For Arts Sake. No rights are granted to use any of them without the written permission of For Arts Sake.
Use of the Site and System Security:
- 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.
- You agree that you will in no way modify, reverse enginer, disassemble, decompile, copy, cause damage or unintended effect to any portion of our website or any software used on our website and that you will not permit any other person to do so.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- Examples of violations are:
- Accessing data unlawfully or without consent.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting
- Taking any action in order to obtain goods to which you are not entitled.
- 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:
- Any violation of system security as set out above.
- Your use of our website.
- Any otehr breach or violation of this agreement by you.
- 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.
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.
Rights of Third Parties:
Nothing in this agreement or on our website shall confer on any third party any benefit under the probisions of the contracts (Rights of Third Parties) Act 1999.
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 faih with us in a process of meditation before commencing arbitration or litigation.
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 Convention on contracts for the Internaional Sale of Goods, the application of which is hereby expressly excluded.
These terms and conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action. arbitration or proceedings which may arise out of or in connection with these terms and conditions provided that For Arts Sake has the right at it’s sole discretion to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.