Terms and Conditions 2017
These Terms and conditions regulate the business relationship between you and me. By using My Website or by buying from me, you are bound by them.
No person under 18 years old may purchase goods.
I am Keith Jolley Artist. You are: a guest to My Website or my customer.
In this agreement:
“Carrier” means any person or business contracted by me to carry artwork(s) from me to you.
“My Website” means the entire computing hardware and software installations that is or supports My Website
“Artwork(s)” means any artwork offered for sale on My Website.
“Content” means information in any form published by me or any third parties with my consent
My Contract With You
1. I shall accept your order by e-mail conformation. Our message will also confirm details of your purchase and tell you when your order will be dispatched. This is when contact is made.
2. I may Change these Terms and Conditions from time to time. The Terms and Conditions that apply to you are those posted on My Website on the day you order any Artwork(s).
3. All descriptions, sizes and weights of Artwork(s) are a guide only. Accordingly, they do not form part of this agreement.
4. If the Artwork(s) you order are not available I will offer alternatives before I dispatch your order. If this happens you may:
(a) Accept the alternatives I offer.
(b) Cancel your order.
(c) Leave the order valid, but tell me to omit the out-of –stock item
(d) If I owe you money (for this or any other reason), I will reimburse you as soon as reasonably practicable but in any event no later than 30 days from the date of order.
Price and Payment
5. You must pay me the full price, including delivery, of your order before I will dispatch any part of it.
Information You Give Me
6. You agree that you have provided, and will continue to provide, accurate, up to date and complete information about yourself. I need this information to send you the Artwork(s).
7. I will use my reasonable endeavors to respond to ant point of dissatisfaction by you, providing you contact me within 3 months of purchase.
8. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
9. If I am not able to deliver your Artwork(s) within 30 days of your order, I will notify you by e-mail to arrange an alternative delivery date.
10. I may deliver Artwork(s) in installments if all the Artwork(s) are not available at the same time for delivery.
Returns and Refunds
11. Because you are buying the Artwork(s) by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
(a) All correspondence regarding the return of Artwork(s) shall be carried out between You and Me.
(b) You must tell me you wish to cancel within 14 days of your receipt of the Artwork(s).
(c) The Artwork(s) must be returned to me within 21 days of delivery:
(i) with the Artwork(s) and all packaging in their original condition;
(ii) Securely wrapped;
(iii) At your risk and cost.
(d) After I have received the Artwork(s), I will reimburse the full purchase price of the Artwork(s) returned no later than 30 days from the date of receipt.
(e) If you do not return the Artwork(s) to me, you are still liable to me for the full cost.
(f) I am under no obligation to collect or recover Artwork(s) from you, but should I do, my costs will be payable by you.
12. We or our Content suppliers may make improvements or changes to My Website, the content or any of the Artwork(s), at any time and without advance notice.
13. You are advised that Content may include technical inaccuracies or typographical errors.
14. We give no warranty and make no representation, express or implied, as to:
(a) the adequacy or appropriateness of the Artwork(s) for your purpose;
(b) the truth of any information given on My Website;
(c) any implied warranty or condition as to merchantability or fitness of the Good and Services for a particular purpose;
(d) compatibility of My Website with your equipment, software or telecommunications connection;
(e) compliance with any law;
(f) non-infringement of any right.
15. My Website may contain links to other websites. I have neither power nor control over any such website. You acknowledge and agree that I shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
16. I am not liable in any circumstances for special, indirect or loss of data 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 My Website or the purchase of Artwork(s)
17. In any claim against my 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
18. Title, ownership rights, and intellectual property rights in the Content whether provided by me shall remain the sole property of me. I will strongly protect its rights in all countries.
19. You mat not copy, modify, publish, transfer or sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content, in whole or part form, except as is expressly permitted in this agreement.
20. You may download or copy the Content only for your 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.
21. 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.
22. You agree that you will not in any way modify, reverse engineer, disassemble, decompile. copy or cause damage or unintended effect to any portion of My Website, or any software on My Website and that you will not permit any other person to do so.
23. 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 a means of overloading, “flooding”, ”mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; taking any action in order to obtain Artwork(s) to which you are nt entitled.
24. You agree to indemnify me 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 in the above; your use of My Website; any other 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, libelous, obscene, harassing or offensive material contained in any of your communications.
25. You agree to indemnify me 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 My Website, or the infringement by you, or any other person using your computer, of any intellectual property or other right of any person.
Rights of Third Parties
26. Nothing in this agreement or on My Website shall confer on any third party any benefit under the provisions of the Contract (Rights of Third Parties) Act 1999.
27. 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 terms.
28. No waiver by me in exercising any right, power or provision hereunder shall operate as a waiver of any other right or that same right or of that same right at a future time; nor shall delay in exercise of any power or right be interpreted as a waiver.
29. In the event of a dispute arising out of or in connection with these terms or any contract between you and me then you agree to attempt to settle the dispute by engaging in good faith with me in a process of mediation before commencing arbitration or litigation.
30. I am not liable for any breach of the obligations resulting from causes beyond my reasonable control including strikes of my own employees.
31. 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 International Sale of Goods. the application of which is hereby expressly excluded.