Terms and conditions
These terms and conditions regulate the business relationship
between you and me. By using my Web Site in any way, or by buying
from me, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. I am: Dylan Cotton Artworks
You are: visitor to My Web Site / my customer 1 Definitions
In this agreement:
"Carrier” means any person or business contracted by me to carry
Goods from me to you, whether all or part of the distance.
“My Web Site” means the entire computing hardware and software
installation that is or supports My Site.
“Goods” means any of the Goods I offer for sale on my web site
“Content” means information in any form published on My Web Site
by me or any third party with my consent. 2 My contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to My Web
Site; and
2.1.2 in any event to you as a buyer or prospective buyer of
2.2 Goods advertised may not be available.
2.3 I shall accept your order by e-mail confirmation. My message
will also confirm details of your purchase and tell you when I
shall despatch your order. That is when my contract is made. It is
possible that the price may have increased from that posted on my
web site.
2.4 I may change these terms from time to time. The terms that
apply to you are those posted here on My Web Site on the day you
order Goods.
2.5 All descriptions, weights and sizes of Goods are made by me
the original artist. Approximations may be used but every effort
is made to maintain reasonable accuracy.
2.6 If the Goods you order are not available, I will offer you
alternatives before I despatch your order. If this happens you
may:
2.6.1 accept the alternatives I offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell me to omit the out-of-stock
item.
2.7 If I owe you money (for this or any other reason), I will
credit your credit or debit card as soon as reasonably practicable
but in any event no later than 30 days from the date of your
order.
2.8 Your contract is with me, you may communicate with me at any
time regarding any aspect of your purchase. 3 Price and Payment
3.1 You must pay me the full price of your order before I will
send any part of it.
3.2 Banking charges by the receiving bank on payments to me will
be borne by me. All other charges relating to payment in a
currency other than pounds Sterling will be borne by you.
3.3 Any details given by me in relation to exchange rates are
approximate only and may vary from time to time.
3.4 You will pay all sums due to me under these terms by the means
specified without any set-off, deduction or counterclaim. 4 Information you give me
4.1 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 provide you with the Goods.
4.2 I will use our reasonable endeavours to respond to any point
of dissatisfaction by you, provided you contact me within three
months of purchase. 5 Delivery
5.1 Deliveries will be made by the Carrier to the address
stipulated in your order. You must ensure that someone is present
to accept delivery.
5.2 If I am not able to deliver your Goods within 30 days of the
date of your order, I shall notify you by e-mail to arrange
another date for delivery.
5.3 I may deliver the goods in instalments if the goods are not
available at the same time for delivery. 6 Orders from outside the UK and Ireland
6.1 I will endeavour to arrange delivery to countries outside the
UK.
6.2 Prices for delivery prices may already be quoted online but
enquiries for delivery quotes can be made to me via email or
telephone. 7 Returns and refunds
Because you are buying the Goods by mail order, you may have a
right of cancellation. If you do, (and only if you do), these are
the terms which apply:
7.1 All correspondence regarding the return of Goods shall be
carried out between You and me.
7.2 You must tell me you wish to cancel within 14 days of your
receipt of the Goods
7.3 In any event, you may not cancel orders for artworks that have
been commissioned.
7.4 The Goods must be returned within 21 days of delivery:
7.4.1 with both goods and all packaging in their original
condition;
7.4.2 securely wrapped;
7.4.3 including my delivery slip or certificate of authenticity;
7.4.4 at your risk and cost.
7.5 After I have received the Goods, I will credit your credit or
debit card with the full purchase price of the goods returned no
later than 5 days from the date of receipt;
7.6 If you do not return the Goods to me, you are still liable to
me for the cost.
7.7 I am under no obligation to collect or recover Goods from you,
but if I do, my costs will be payable by you. 8 Disclaimers
8.1 I or my Content suppliers may make improvements or changes to
My Web Site, the Content, or to any of the Goods, at any time and
without advance notice.
8.2 You are advised that Content may include technical
inaccuracies or typographical errors.
8.3 I give no warranty and make no representation, express or
implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your
purpose.
8.3.2 the truth of any information given on My Web Site;
8.3.3 any implied warranty or condition as to merchantability or
fitness of the Goods and Services for a particular purpose;
8.3.4 compatibility of My Web Site with your equipment software or
telecommunications connection.
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 My Web Site contains links to other Internet web sites. I have
neither power nor control over any such web site. You acknowledge
and agree that I shall not be liable in any way for the Content of
any such linked web site, nor for any loss or damage arising from
your use of any such web site.
8.5 I am not liable in any circumstances 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 Web Site or the purchase of Goods.
8.6 In any claim against me my liability is limited to the value
of the goods you have purchased in the contract which is the
subject of the dispute. 9 Content and Intellectual Property Rights
9.1 Title, ownership rights, and intellectual property rights in
the Content whether provided by me or by any other Content
provider shall remain the sole property of me and / or the other
Content provider. I will strongly protect its rights in all
countries.
9.2 You may not copy, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole or in
part, except as is expressly permitted in this agreement.
9.3 You may download or copy the Content only for your own
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. 10 System Security
10.1 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;
10.2 you agree that you will in no way modify, reverse engineer,
disassemble, decompile, copy, or cause damage or unintended effect
to any portion of My Web Site, or any software used on My Web
Site, and that you will not permit any other person to do so.
10.3 You understand that any such violation is unlawful in many
jurisdictions and that any contravention of law may result in
criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent;
10.4.2 attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures;
10.4.3 attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing";
10.4.4 forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting;
10.4.5 taking any action in order to obtain Goods to which you are
not entitled.
10.5 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:
10.5.1 any violation of system security as set out above;
10.5.2 your use of My Web Site;
10.5.3 any other breach or violation of this agreement by you;
10.5.4 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, libellous,
obscene, harassing or offensive material contained in any of your
communications. 11 Indemnity
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 Web Site, or the
infringement by you, or by any other person using your computer,
of any intellectual property or other right of any person. 12 Contractual Limitation
Where I provide Goods without specific charge, then it (or they)
is deemed to be provided free of charge, and not to be associated
with any other service for which a charge is made. Accordingly,
there is no contractual nor other obligation upon me in respect of
any such goods. 13 Rights of third parties
Nothing in this agreement or on my web site shall confer on any
third party any benefit under the provisions of the Contracts
(Rights of Third Parties) Act 1999. 14 Severability
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 of these
terms. 15 No Waiver
No waiver by me, in exercising any right, power or provision
hereunder shall operate as a waiver of any other right or of that
same right at a future time; nor shall any delay in exercise of
any power or right be interpreted as a waiver. 16 Dispute Resolution
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. 17 Force majeure
I am not liable for any breach of my obligations resulting from
causes beyond my reasonable control including strikes of my own
employees. 18 Governing Law Privacy and Data Protection
This privacy policy is a complete statement of what information I
collect and what I use it for.
I collect both non-personally identifiable information from you
and personally-identifiable information about you on this web
site. Non-personally identifiable information
My web servers automatically collect only the following
information, even if you do not join or register with me:
This information is used to improve my service by adapting my
pages to display correctly on many different platforms, and also
to record number of visitors, page impressions etc. Cookies
Our service requires the use of cookies in order to track your
user session. You cannot use the service unless your computer is
set to accept cookies. Personally-identifiable information
If you place an order you give me:
Your email address is used to send you your order confirmations. I
do not sell, rent, lend or in any other way release your email
address to organisations unconnected with Dylan Cotton Artworks.
If you choose to purchase, you may choose to pay online, the
payment providers' Privacy and Data Protection policies apply. Data Protection law
Dylancotton.com is run by me: Dylan Cotton |
Copyright 2006 - 2019 Dylan Cotton Artworks. TERMS & PRIVACY SHIPPING 14-day RETURNS