Terms and conditions
TERMS AND CONDITIONS
In these terms and conditions, “we” “us” “the company” and “our” refers to Unique Arts Limited.
“You” “Customer” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions .Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Registered Users
1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our user registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password.
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Services
5. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
6. All prices are in Great British Pounds (GBP) and are inclusive of VAT. We endeavour to ensure that our prices as indicated are current. If you have placed an order, we reserve the right to cancel your order should our prices change.
Product Descriptions
7. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
8. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Payments
9. Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer, Paypal, Moneybookers are all acceptable methods of payment. Our Terms are payment in full within seven days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court cost.Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Product Orders
10. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
11. We endeavour to ensure that our product prices are current however we give no undertaking as to the availability of any product advertised on our website.
12. All prices are in Great British Pounds (GBP) and are inclusive of VAT. Packaging and postage is an additional charge, calculated at time of purchase.
13. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
14. We undertake to accept or reject your order within seven days. If we have not responded to you within seven days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
15. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
16. All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.
Order Cancellation Due
17. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, the company reserves the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
18. You may cancel your order within a period of 24 hours from purchase date.
Notification for instance, via email, telephone and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses.
Product Returns
19. In the unlikely event that you shall be not satisfied with the goods delivered to you, we undertake to reimburse you for the goods partially or fully, depending on the type of product(s) purchased. If you wish to return a faulty, damaged or unsatisfactory product, you must notify us first by E-mail within 14 days of receipt of goods. You must provide your name, details of items you wish to return and you must specify the reason for return. You shall then be notified by us by E-mail with an authorization on instructions returning the item(s). The customer shall pay for postage and shipping charges, unless the return results from a shipping error of the company.
20. Full refund, including the initial postage cost charged will only be issued for paintings that were delivered as a rolled canvas in a tube and that were not stretched by the customer after purchase.
21. In the event that the to be returned paintings were stretched or framed by the company, the cost for the stretching or framing service initially charged, shall not be reimbursed. A restocking fee of up to 50.00£ may be levied for returns falling into the above mentioned category. You shall be informed of any such charges in the authorization E-Mail, prior to you returning the goods to us however.
22. We will not refund paintings that were personally and specifically commissioned for a customer. This also includes portrait paintings of people, animals and houses and any other specifically commissioned paintings. Those paintings are subject to acceptance prior to shipment to the customer by E-Mail and returns will only be acceptable in the event they were received damaged and if such damage has been reported by E-Mail within seven calendar days from receipt of goods.
23. We will not refund paintings that were damaged due to the negligence of the customer.
24. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you in the same form of payment originally used within 14 days of return and acceptance of goods.
Communication
25. We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
26. The company, “Unique Arts Limited” is registered in England and Wales, Number 7338836, registered office 1st Floor,2 Woodberry Grove, North Finchley,N12 0DR,London
Site Access
27. When you visit our website, we give you a limited licence to access and use our information for personal use.
28. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
29. Except as permitted under the Copyright, Designs and Patents Act 1988, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
30. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
31. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
32. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
33. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
34. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
35. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
36. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
37. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
38. The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, the Company:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages
Limitation of Liability
39. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
40. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
Indemnity
41. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
42. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
43. These terms and conditions are to be governed by and construed in accordance with the laws of England and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in England and you agree to submit to the jurisdiction of those Courts.
44. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Confidentiality
45. Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, unless it may become legally required by the appropriate authorities.
46. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Privacy Policy
47. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
48. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
49. We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
50. With respect to security: When we transfer and receive certain types of sensitive information such as financial information, we redirect visitors to a secure server and will notify visitors through a pop-up screen on our site, We have appropriate security measures in place to protect against the loss, misuse or alteration of information that we have collected from you at our site.
These terms and conditions form part of the Agreement between the customer and the company. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. These Terms and Conditions have been specifically drafted for, and provided to Unique Arts Limited by LawLive.