1. THE CONTRACT BETWEEN US
1.1 This website is operated and maintained by Enormous Art Ltd (the “Company” or “we” or “us”). The Company is registered in United Kingdom under company number 3055912 with its address at 95 Brookhouse Hill, Sheffield, S10 3TE UK.
1.2 Please read these terms and conditions carefully as they set out the rules for how we run the website and supply the goods which you may purchase through this website. By clicking the “Accept” button you accept and agree to be bound by these terms and conditions which shall govern the agreement between us.
1.3 We reserve the rights to change the contents of this website, including these terms and conditions at any time without notice, by posting such changes on the website. It is your responsibility to familiarize yourself with the terms and conditions regularly to ensure that you are aware of any changes. Your continued use of this website following the posting of any such changes will constitute your acceptance of the revised terms and conditions. If you do not accept these terms and conditions, you may not use this website.
2. TERMS AND CONDITIONS
2.1 These terms and conditions govern your use of the service offered via this website (“Service”) and all orders placed by you for prints, canvases or gift ware based on the content advertised on this website (“Products”).
3.1 All orders placed by you through our website will be subject to these terms and conditions.
3.2 All orders shall be deemed to be an offer by you to purchase the Products. We are under no obligation to accept your order (whether or not the order has been acknowledged).
3.3 Once payment for the Products has been received, we will confirm that your order has been accepted.
3.4 Our acceptance of your order brings into existence a legally binding contract between us with respect to such order.
3.5 If there are any problems with your order, you will be contacted by a member of our team.
4.1 The Company has made every reasonable effort to display on the website as accurately as possible a description of the Products. However, some slight variations may occur from time to time in relation to the colours and the appearance of the images from the way they appear on screen. Also, print sizes and material specifications may slightly vary each time.
5. PRICE AND PAYMENT
5.1 The price for the Products that you order will be the price quoted on the website at the date the order is received.
5.2 Please note that we only accept payment in Pound Sterling. From time to time we may choose to display prices on the website in foreign currencies as well as Pound Sterling. If we do so, it is purely for illustrative purposes and the conversion rates are approximate only. If you purchase Products using a payment card for a foreign currency denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.
5.3 If you are purchasing Products from within the European Union, including the United Kingdom, prices include VAT and any other applicable taxes. If you are purchasing Products from any other country, including the USA, and you will be responsible for paying any applicable sales, use, excise, value added, consumption and other such taxes (at the then-current rate).
5.4 Prices do not include delivery, unless otherwise stated on the website.
5.5 Payments must be made via PayPal online, credit or debit card. By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorized and that all information that you submit is true and accurate; and (b) authorize us to charge to the card you tendered all amounts payable by you to us based on the Products you order.
5.6 You may be subject to validation checks and/or third party authorizations depending on your method of payment.
6.1 The Company aims to deliver your Products as soon as possible after placing your order. If we cannot deliver the Products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the Products however caused.
6.2 Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.
6.3 It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Products purchased from this website. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
7. YOUR RIGHT TO CANCEL
7.1 All printed products ordered on this site are done so to order and custom-made to your specification. As such they are deemed personalised to your requirements and known as “Bespoke Orders”. Therefore, you cannot cancel your order except as set out in paragraph 7.2 below.
7.2 For any Bespoke Orders, you may cancel your order at any stage before, and up to seven (7) days after you have placed your order with us, provided we have not dispatched the relevant Products to you. To do this you must notify us in writing at the address above or by sending an email to firstname.lastname@example.org.
7.3 Where you cancel an order in accordance with the procedures at paragraph 7.2, we will (at your request) either exchange the Products or refund the amount you have paid. Refunds will be credited to the payment method used to make the original purchase.
7.5 Until you return the Products to us you are responsible for their safe keeping and taking reasonable care of them. It is your responsibility to package the Products adequately and safely, as we do not accept liability for packages damaged during transit back to us.
8. CANCELLATION BY US
8.1 We reserve the right to cancel any order (or any part of the order) if for any reason:
8.1.1 the Products ordered by you are no longer available;
8.1.2 the Products are withdrawn from our Service by the authorized licensees or the copyright owners; or
8.1.3 the Products cannot be supplied to you in the country where you reside;
in which event we will notify you by email and refund any payments you have made for that order or that part of the order.
8.2 We endeavor to make sure that all prices advertised on the website are correct, However, if we discover that the Products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or cancelling it; if you choose to cancel your order we will refund any payments made.
8.3 We will not be obliged to offer any additional compensation for disappointment suffered if your order is cancelled for any reason.
8.4 We may terminate or suspend your use of and registration on this website at any time if you breach any of these terms and conditions.
8.5 We reserve the right to modify, suspend or discontinue this website, the Service or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension or discontinuation.
8.6 You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this website, the Service or any Products.
9. LIMITED EXPRESS WARRANTY FOR DEFECTIVE PRODUCTS
9.1 All Products supplied by us will be free from material defects and be of a satisfactory quality.
9.2 If the Products are materially defective or incorrect on delivery, we shall have no liability to you unless you notify us of the problem within 14 days from the date of delivery by email at email@example.com or phone at+44 (0) 114 230 9800.
9.3 If you notify a problem to us we will:
9.3.1 make good any shortage or non-delivery; or
9.3.2 replace any Products that are materially defective or damaged; or
9.3.3 where Products cannot be made good or replaced, refund you the amount paid by you for the Products in question. Refunds will be credited to the payment method used to make the original purchase.
9.4 We ask that you return the damaged or faulty Products to us and we will reimburse your postage costs provided you send to us your supporting receipts. Return postage costs will only be reimbursed on orders where the products are found to have faults.
9.5 The remedies set out at paragraph 9.3 constitute your only remedies, and our sole and exclusive obligations to you, with respect to any damaged or faulty Products. For the avoidance of doubt, we shall have no such obligation to you if any of the conditions set out at paragraphs 10.2 or 10.3 apply.
9.6 EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 10.1, THIS WEBSITE, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, THE SERVICE OR THE PRODUCTS WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS WEBSITE, THE SERVICE OR THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS WEBSITE, THE SERVICE OR THE PRODUCTS.
10. OUR LIABILITY
10.1 SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS WEBSITE, THE SERVICE AND/OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE PRODUCTS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
10.2 The information contained in the website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Products you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.
10.3 The Company shall be under no liability in respect of any defect in the Products arising from your failure to follow instructions when ordering of the Products via the website, your use of the Products or your misuse or alteration of the Products.
10.4 Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence. Further, some countries and states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusions may not apply to you and you may have other rights, that vary from country to country and from state to state.
11. USE OF THE PRODUCTS AND OTHER RIGHTS AND RESTRICTIONS
11.1 We are authorised to produce, distribute and sell the Products. The Company and the appropriate copyright holders retain all rights, title and interest in and to this website, the Service and the Products including all design, text, images, photographs, still pictures, illustrations, artwork, graphic material and other copyright-able or otherwise legally protect-able elements contained therein, together with the selection, sequence, “look and feel” and arrangements of this website.
11.2 This website, the Service and the Products are protected by intellectual property laws and your use is subject to the following conditions:
11.2.1 you may only use this website, the Service and the Products for your own personal use and not for any business-related purposes;
11.2.2 you may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this website, the Service, the Products or any part thereof; and
11.2.3 you may not and may not allow others to modify, de-compile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this website.
11.3 You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third party rights which arise as a result of your use of the Products.
11.4 The trade marks, service marks, graphics and logos used in connection with this website and/or the Service are trademarks or registered trademarks of the Company or its licensors. You are granted no right or license with respect to any such trademarks or service marks and any unauthorized use is strictly prohibited.
11.5 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or you believe that any other claim or illegal activity has arisen in respect of the materials published or accessed via this website, then you should contact us at firstname.lastname@example.org, and provide to us, in writing, the following information:
11.5.1 details of your alleged claim;
11.5.2 where applicable, a description of the copyrighted work that is claimed to have been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
11.5.3 identification of the URL or other specific location where the potentially infringing or offending material is located;
11.5.4 your (or the copyright owner’s) address, telephone number, and email address; and
11.5.5 any other information and/or assistance as may be reasonably required by us.
11.6 All rights not expressly granted herein are reserved.
12. ACCEPTABLE USE
12.1 You shall not breach or attempt to breach the security of this website or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorized to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.
12.2 You agree not to use this website in any way that may cause the website or access to the website to be interrupted, damaged or impaired.
12.3 When dealing with this website you must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content.
12.4 Unauthorized use of this website may give rise to a claim for damages and / or be a criminal offense.
13. YOUR INFORMATION
13.1 You are personally liable for any orders that you place and charges that you incur.
13.2 You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.
14. DISCLAIMER OF LIABILITY FOR THIRD PARTY MATERIALS
14.1 We may provide links to certain third party websites. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties. Links to other websites are provided solely as a convenience to you.
15. NOTICES AND CORRESPONDENCE
15.1 Unless otherwise expressly stated in these terms and conditions, all notices and other forms of communication from you to us must be in writing and sent to our address at 95 Brookhouse Hill, Sheffield, S103TE UK; or by email to email@example.com. All notices from us to you will be displayed on our website from time to time.
16. EVENTS BEYOND OUR CONTROL
16.1 We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.
17.1 If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceable nature shall not affect the other terms and conditions which shall remain in full force and effect.
17.2 If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
18. THIRD PARTIES
18.1 Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
19. ENTIRE AGREEMENT
20. GOVERNING LAW AND JURISDICTION
20.1 The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
20.2 Any claim or cause of action against the Company arising out of or related to use of this Website, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.
21. ELECTRONIC DELIVERY POLICY
21.1 You agree that we may provide to you required notices, agreements and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this website.