terms and conditions of use

your terms and conditions of use

Trading details

Address:
Image Art
Jubilee House
Queen Street
Gillingham
Dorset
SP8 4DZ

Telephone: 01747 82 66 33

Email:steve@imageart.co.uk

VAT Registration Number: 784 6670 80

Terms and Conditions

Image Art is delighted that you have chosen to use the imageart.co.uk website. The Image Art Gallery provides a marketing service to Image Art clients to allow their work to be seen by a wider audience, who can then buy the goods via our website. Image Art takes a modest commission from the artist for providing this service.

The terms and conditions which govern the relationship between Image Art (the Seller) and you (the Buyer) are set forth below. These terms govern all aspects of the relationship. Any variation must be explicitly agreed in writing by Image Art.

Any recommendation, advice or information given by Image Art concerning the goods offered on the website shall be regarded as informal, and shall not form part of the relationship between Image Art and you, unless it is confirmed in writing.

Changes to terms and Conditions

Image Art reserves the right to change these terms and conditions from time to time and they will be displayed on the website. Purchases will be deemed to be governed by the terms and conditions displayed on the website at the time of purchase. Copyright and Intellectual Property Rights remain with the artist (or other Copyright owner) even after you buy the original work. Purchase of goods from Image Art does not grant you any right other than that of ownership of the product.

Data Protection

All and any information provided by you to Image Art will be treated in strict confidence with respect to privacy and according to the terms and conditions of the Data Protection Act.

Accuracy

We make every effort to ensure that the content of  the site is accurate and up to date. We reserve the right to amend any errors or omissions at our discretion and will endeavor to do so at the earliest opportunity.

It should be noted that the colours and appearance of artwork or products may vary slightly from the way they appear on the screen, due to the resolution of the images used on the website.

We make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. We make no warranties or representations about the compatibility of any computers you use to access this website.

Image Art has no liability for the content of third party sites reached by means of links from this site.

Acceptance

Image Art assumes that you have read these terms and conditions and that, by your continued usage of the site, you accept the terms and conditions.

1    Definitions
1.1    "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2    "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3    "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4    "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5    "Seller" means Image Art with postal address at Jubilee House, Queen Street, Gillingham, Dorset, SP8 4DZ that owns and operates www.imageart.co.uk;
1.6    "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7    "Website" means www.imageart.co.uk

2    Conditions
2.1    Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2    These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3    Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4    Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5    Any complaints should be addressed to the Seller's address stated in clause 1.5.

3    Ordering
3.1    All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reason.
3.2    Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.

4    Price and Payment
4.1    The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT.
4.2    The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3    After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4    Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.

5    Rights of Seller
5.1    The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2    The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3    The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6    Age of Consent
6.1    Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2    If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7    Delivery
7.1    Goods supplied within the UK will normally be delivered within 14 working days of acceptance of order.
7.2    Goods supplied outside the UK will normally be delivered within 28 working days of acceptance of order.
7.3    Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.4    The Seller shall use its reasonable endeavours to meet any date agreed for delivery.  In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5    Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6    Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
7.7    Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8    Cancellation and Return
8.1    The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days.
8.2    The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email to services@imageart.co.uk within 3 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.3    Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4    Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (excluding delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.

9    Limitation of Liability
9.1    Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2    Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

10    Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11    Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12    Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13    Changes to terms and conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14    Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. 

Privacy Policy Full Detail

Image Art may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1/01/2008.

 
What we collect

We may collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

 
What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
• We may use the information to customise the website according to your interests.

 
Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

 
How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:
• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at services@imageart.co.uk

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Image Art, Jubilee House, Queen Street, Gillingham, Dorset, SP8 4DZ.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.