1.
Term and Definitions
1.1
Art-e-World Limited ('the Company', ‘Art-e-World’) has its registered
office at 7 Binyon Crescent, Stanmore Middlesex HA7 3ND.
1.2
The words 'we', 'our' or 'ours', or 'the Website' or 'site'
also refer to Art-e-World.
1.3
The words 'you', 'your', 'yours', ‘customer’ ‘subscribers’
or ‘members’ refer to users of the Website who have signed up
by registering the requisite information to enable them to buy
Artwork from the Website.
1.4
The Website means www.art-e-world.co.uk
1.5
The term 'Artwork' refers to all works displayed on the Website.
1.6
The words 'customer' or 'customers' refer to any person or
persons buying one or more pieces of Artwork from the Website.
1.7
The terms 'Artist' or 'Artists' refer to the person or persons
selling their Artwork via the Website.
1.8
The term ‘user’ refers to anyone visiting the Website.
1.9
Any access to and/or use of the Website is governed by the
terms and conditions of use set out below. By continuing to use
the Website you accept the terms and conditions outlined below.
1.10
For any enquiries, please email: enquiries@art-e-world.co.uk, or alternatively write to
Art-e-World at the above address.
2.
Right to Amend Terms and Conditions
2.1
Art-e-World reserves the right to amend these Terms and Conditions
at any time. The Terms and Conditions which are displayed on this
Website at the time you are accessing this Website are those which
shall apply to you and any transaction you may enter into on this
Website. Any changes to these Terms and Conditions will come into
effect at the time they are posted on this Website. You are advised
to check the Terms and Conditions from time to time. The last
amendment date will be displayed at the bottom of the Terms and
Conditions page of the Website.
3.
Content
3.1
The users of this Website are of all ages, sexes and ethnic origins.
We therefore reserve the right to refuse to display any Artwork
or content that we deem to be unacceptable. All Artists’ descriptions,
Artwork and accompanying text are subject to approval by Art-e-World.
3.2
Art-e-World also prohibits the use of this Website for any
illegal activity.
3.3
Art-e-World owns all content on this Website including logos,
graphics and text, save in respect of all Artwork. The copyright
in all the Artwork is owned by the respective Artists.
3.4
You are prohibited from copying or reproducing all or any part
of any images, Artwork, graphics or other materials contained
on this Website. Copying of any or part of any images, Artwork,
graphics or other materials on this Website will amount to infringement
including, but not limited to, copyright infringement and/or infringement
of registered designs.
4. Availability
4.1
An Artwork is available for purchase at the time of viewing
providing it is not marked “out of stock”, which would indicate
that it has been sold.
4.2
This Website will be updated on a regular basis. This means
that certain pictures or Artwork may not be available in the future,
and any display of a picture or Artwork is an invitation to treat
and not an offer from Art-e-World to sell. However, your enquiry
about an Artwork is always welcome via email to enquiries@art-e-world.co.uk.
5. Commissioned Work
5.1
Commissioned work is available by some of our Artists, (from
portraits of family members, celebrities, pop stars
to a portrait of your hero).
5.2
Please send an e-mail to enquiries@art-e-world.co.uk detailing
your specific requirements.
5.3 The terms of
clause 10.5 below, do not apply to commissioned works.
6.
Product Description
6.1
The Artists are contracted to provide Art-e-World with accurate
descriptions of themselves/their work and any Artwork displayed
on this Website, including but not limited to, medium, dimensions
and title. If a customer requires any further information about
a particular Artwork, the customer may contact Art-e-World and
Art-e-World will in turn contact the Artist.
6.2
Due to the nature of computer monitors, the colour and appearances of Artwork may vary slightly
from the images seen on your computer screen.
7. Purchases and Payments
7.1
All purchases made via this Website are subject to these Terms
and Conditions.
7.2
You must accept and agree to these Terms and Conditions before
making any purchase from this Website.
7.3
We accept payment using the following major cards: Visa, Visa
Electron, Maestro, International Maestro, Solo and MasterCard.

7.4 Our card payment
service is provided by Paypal (Service Provider) and Art-e-World
does not at any material time have access to customer card details.
7.5 Cheques and
Postal Orders are accepted as payment for purchases of Artwork
and images uploaded to a gallery chosen by the purchaser. Gift
Certificates or Vouchers sold on this Website are accepted as
a mode of payment. Cheques should be made payable to Art-e-World
Ltd and sent to the address in clause 1.1 above. Customers are
advised to clearly print their names and addresses on the back
of cheques for tracking purposes.
7.6 All cheques
and postal orders must be cleared before the Artwork can be dispatched
to you or before the images can be uploaded to our site.
8.
Delivery
8.1 The Artist
is responsible for arranging delivery of the Artwork to the customer.
Art-e-World
has made it very clear to all Artists to familiarize themselves
with the packaging standards of the courier company they have
arranged the delivery with.
8.2 The Artist
will use a reputable courier company to deliver the Artwork to
you in the British Mainland, excluding Northern Ireland, Channel
Islands, the Isle of Man, and the Isle of Wight (“Excluded Territories”).
8.3 Delivery to the Excluded Territories
or outside the UK can be arranged with a reputable courier service
at an extra cost to you. Please contact enquiries@art-e-world.co.uk for
more details.
8.4 At the time
of purchase of your Artwork, you will be given an opportunity
to confirm your method of delivery. The Artist will arrange a
date and time with you for delivery of your Artwork. All deliveries
will go directly from the Artist to you.
8.5 Once the Artwork
has been dispatched by the Artist, the Artist will send a confirmatory
e-mail to you informing you of the following details:
8.5.1
products ordered
8.5.2
quantity
8.5.3
details of the courier company
8.5.4
expected date of delivery
8.5.5 customer
reference number, or Tracker Number,
so that you can trace the item, should the need arise.
8.6
The Artist will make every effort to dispatch the Artwork within two working days of receipt
and payment of your order. In the event of a later dispatch, the
customer will be informed as soon as practicable.
8.7 Every effort
will be made to ensure that the Artwork arrives in perfect condition
as when packaged for delivery. On delivery of the Artwork you
are advised to inspect the packaging. (See also clause 8.13.1
below)
8.8
If the customer requires specific arrangements for packaging, delivery,
and/or insurance, this must be received in writing and is subject
to agreement with the Artist and Art-e-World. The Artist will
follow the guidelines set out by Art-e-World for packaging and
delivery and in some cases may contact the customer to clarify
and confirm instructions. The Artist is advised to obtain adequate
insurance to cover the total value of the Artwork (that is the
price paid by the customer) in the event that the Artwork is damaged
in transit.
8.9
Where arrangements have been made by the Artist in accordance
with clause 8.8 above and the Artwork is damaged in transit, the
Artist shall make a claim directly to the insurance company specified
under clause 8.8.
8.10
Neither Art-e-World nor the Artist will be liable for any damage
caused to the Artwork in transit under clause 8.9.
8.11
The customer will be responsible for any additional costs necessitated
by the customer’s preferred method of packaging, delivery and/or
insurance under clause 8.8. If the customer chooses a cheaper
method of packaging, delivery and/or insurance policy, the customer
will be financially responsible for any damage or loss to the
Artwork that may be caused in transit and will indemnify Art-e-World
and/or the Artist for any loss suffered under this clause 8.11.
See also clause 8.13 below.
8.12 If on receipt
of the Artwork you are dissatisfied with the product, you are
entitled to exercise your statutory rights in accordance with
clause 10.5 below.
8.13 Affirmation and
Damaged Goods
8.13.1
It is the customer's responsibility to check that all packaging
is intact and that there is no visible damage to the outer packaging
before accepting and signing for the delivery of the Artwork.
8.13.2 Artwork that appears damaged at the time of
delivery should not be accepted or signed for. In the event that
the courier insists on leaving the artwork with the customer,
the customer must state very clearly on any documentation that
the customer signs for the courier company that the packaging
and/or Artwork is damaged.
8.13.3
Once a customer signs for the Artwork, this will be treated as
acceptance of the Artwork and the customer will be responsible
for the purchased item from then on.
8.13.4
Upon receipt of the Artwork, you must notify Art-e-World immediately
via email if you detect any damage. Art-e-World will inform the
Artist who will in turn contact the insurance company.
Further instructions will then be given to the Artist and/or customer.
The Artist will claim from the insurance company the entire cost which
has been paid by the customer for the Artwork, and when
that is received we will arrange for a refund to your card, via Paypal.
9. Limitation of Liability
9.1
Art-e-World bears no liability for the Artist’s inability to
deliver timely and in a deliverable state.
9.2
Art-e-World will not be liable in the event that any Artwork is
held or deemed to be an infringement of an earlier Artwork.
9.3
Art-e-World neither makes nor gives any representations or
warranties expressed or implied as to the quality, suitability
or authenticity of any Artwork on this Website.
9.4
In no event and under no circumstances
will Art-e-World be liable for any damages, including, without
limitation, direct, indirect or consequential loss or damage of
any kind however caused and whether arising under contract, tort
or otherwise save that Art-e-World does not exclude liability
for any personal injury or negligence.
9.5 You agree to indemnify Art-e-World against any claims for
infringement of any intellectual property rights brought by a
third party as a result of your use of the Artwork.
9.6 You
agree to indemnify Art-e-World against any losses or liabilities
incurred directly by Art-e-World as a result of any breach or
non-observance by you of any of these Terms and Conditions.
10. Cancellation of an Order/ Returns
10.1 If a customer
wishes to cancel an order the customer must email enquiries@art-e-world.co.uk
, giving all the details of the order within seven working days
of receipt of the artwork. Art-e-World will deem this as written
confirmation that the customer wishes to cancel the contract.
10.2 In the event
that Art-e-World receives the cancellation notice before the Artwork
has been dispatched, Art-e-World will arrange for a full
refund of the amount paid to the account from which the
payment was deducted.
10.3 In the event
that the order has already been dispatched to you, you will be
refunded the amount paid to Art-e-World subject to clauses 10.4
and 10.5.
10.4 You will bear
the cost of returning the Artwork including insurance cover against
any loss or damage of the Artwork in transit. We strongly advise
that you return the Artwork in the original packaging that it
was sent in, unless for some reason this is not possible. Our
recommended courier company can provide a return service for you
at a competitive rate.
10.5 A customer who
has purchased Artwork from Art-e-World is given seven working
days from the date of receipt to decide whether the customer wishes
to return the Artwork and obtain a refund (“the cooling off period”).
Subject to clause 10.6 and in accordance with clause 10.1 above,
if for any reason you decide not to keep the Artwork within the
cooling off period, you can return it and you will be refunded
the price of the Artwork less the cost of the initial delivery
(including insurance) from the Artist to the customer. You will
be responsible for the cost of returning the Artwork in accordance
with clause 10.4 above (save where the Artwork is damaged and
clause 8.13 will apply).
10.6 Refunds under
clause 10.5 shall only be administered when you have returned
the Artwork to the Artist in a reasonable condition. Subject to
clause 10.4, once the Artist has notified us of receipt, we will
credit your account for the entire cost of the Artwork, less the
deductions mentioned above, via Paypal.
10.7
In the event that the Artwork becomes unavailable
before being dispatched, Art-e-World shall refund to the customer
only the sum paid by the customer.
11.
Contract
11.1
Any Artwork displayed on this Website is an invitation to treat.
Initiating an order and continuing through to our shopping basket
is deemed an offer to purchase the Artwork in question from this
Website.
11.2
Acceptance by Art-e-World and the Artist takes place when the
Artist sends you the confirmatory e-mail of your purchase in accordance
with clause 8.5, at which time a binding contract will
be made with you and the Artist (save in respect of delivery of
the Artwork) and Art-e-World.
11.3
Art-e-World reserves the right to refuse any offer to purchase
Artwork by a customer.
12. Data Protection and Confidentiality
12.1 Art-e-World is registered for the purposes of the Data Protection
Act 1998 and will comply with its provisions.
12.2
All information collected by Art-e-World is strictly confidential
and will not be shared with any third party except as required
by law, and we will only use information collected about you in
accordance with the Data Protection Act 1998 as detailed in our
Privacy
Policy.
12.3 Customers’ personal
data (limited to names, address and phone details) accessed by
Art-e-World during a sale transaction will be stored in a database
in accordance with the rules under the Data Protection Act 1998.
12.4
The information collected will be used to process your order accurately
and may be used to inform you of any offers or news from Art-e-World
from time to time. It will not be used to inform you of
any offers from any third parties.
12.5
If you do not wish to receive news and information on special
offers from Art-e-World, do not tick the newsletter option when
registering yourself as a new user on the Website.
13. Links/Third Party Sites
13.1 This site provides
links to other third party sites on the Internet. These sites
may contain information or material that some people may find
inappropriate, offensive or irrelevant. These other sites are
not under the control of Art-e-World, and by continuing to use
this Website, you acknowledge and agree that Art-e-World is not
responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The
inclusion of such links does not imply endorsement of the sites
by Art-e-World or any association with their operators.
14. Site Availability
14.1
We will endeavour to have this Website accessible at all times
and running efficiently.
14.2
Art-e-World cannot be held responsible for any unscheduled downtime
which may occur as a result of our servers experiencing technical
problems, or the need to carry out emergency maintenance work.
14.3
Neither Art-e-World nor any other party
has control over the Internet which is a global decentralised
network of computer systems. Interruptions to the Website’s availability
may occur due to causes beyond Art-e-World’s control such as system
malfunction or failures of third parties. In these circumstances
Art-e-World will use its reasonable endeavours to restore the
service as soon as reasonably practicable.
15. Disclaimer
15.1 Art-e-World
makes no representation that materials on this Website are appropriate
in jurisdictions other than the United Kingdom, including jurisdictions
where the contents may be considered illegal or prohibited. Users
of this Website that choose to access the Website from other jurisdictions
will be doing so on their own initiative and at their own risk
and will be responsible for compliance with domestic laws.
16. Entire Agreement and Severability
16.1 These Terms
and Conditions constitute the entire understanding between the
parties with respect to the subject matter of this Website and
supersede all prior terms and agreements between the parties relating
to them.
16.2 If any clause
of these Terms and Conditions is held invalid or unenforceable,
the clause shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining clauses shall remain in full
force and effect.
17. Jurisdiction and Choice of Law
17.1 These Terms and
Conditions shall be governed by the law of England and Wales and
you agree to submit to the exclusive jurisdiction of the English
courts.
18. Force Majeure
18.1 Art-e-World shall not be liable for any failure to perform its obligations
if caused by matters beyond our reasonable control, including
the following:
18.1.1 Acts of God such as fire, flood, earthquake, storm, hurricane, or other
natural disaster;
18.1.2 War, invasion, act of foreign enemies, hostilities, (whether war is declared
or not), civil war, rebellion, revolution, insurrection, military
or usurped power or confiscation and terrorist activity; or
18.1.3 Government sanction, nationalisation, blockage, industrial dispute, lockout
or failure of utility service.
Date
of latest amendment 27th January 2007
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