Terms and Conditions

Terms and Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of www.artswansea.com (the “Site”). This Site is owned and operated by Art Swansea CIC. This site is an ecommerce website with a members only art related content section.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them while accessing this Site.

Intellectual Property

All content published and made available on this Site is the property of Art Swansea CIC and the Site’s creators unless otherwise stated. This includes, but is not limited to: images, text, logos, documents, downloadable files, and anything that contributes to the composition of this Site.

Images used for the sale of works created by members of Art Swansea remain the intellectual property of the creator. Art Swansea acts as agent with publishing rights to use those images for the purpose of adverting the work(s) for sale. Copyright and all rights remain with the original artist.

Age Restriction

The minimum age to use this Site is 18 years old. By using this Site, users agree that they are 18 years or older. Art Swansea CIC does not assume any legal responsibility for false statements about age.

Acceptable Use

As a user of this Site, you agree to use this Site legally, not to use this Site for Illegal purposes, and not to:

  • Harass or mistreat other users of this Site.
  • Violate the rights of other users of this Site.
  • Violate the intellectual property rights of the Site owners or any third party to the Site.
  • Hack, or otherwise gain unauthorised entry to any other account on this Site.
  • Act in any way that could be considered fraudulent; or
  • Post any material that may be deemed offensive by UK law.

Using this Site in way that contravenes the Terms and Conditions will result in restriction or termination of access to the Site. In the event of using this Site in contravention of UK law legal steps may be taken.

Sale of Goods and Services

These Terms and Conditions govern the sales of goods and services available on this Site.

The following goods are available on this site:

  • Original visual art related products
  • Merchandise related to Art Swansea

The following services are available on this Site:

  • Membership of ArtSwansea.com

These Terms and Conditions apply to all the goods and services that are displayed on theis Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. Specifically in relation to physical visual art images are representational due to the differences in how artwork looks in reality, compared to how it may look on a screen. This indemnity only applies to colour and not to physical size, shape or material construction. You agree to purchase goods and services from this Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If your order is cancelled following payment, you will receive a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services

ArtSwansea.com may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on this site.

Membership Subscriptions

Paid membership subscriptions automatically renewed and automatically billed until notification is received of cancellation.

To cancel your membership subscription email membership@artswansea.com with the subject line Cancellation along with your membership details. You will then receive confirmation that your membership has been cancelled and any access you enjoyed to member areas will terminate on the renewal subscription date.

Payments

The following payment methods are accepted on this Site:

  • Credit Card
  • Paypal
  • Debit; and
  • Direct Debit.

When you provide ArtSwansea.com with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase physical goods from this Site, the goods will be delivered through one of the following methods:

  • UK:  standard tracked and insured within 3-5 days
  • International: standard tracked and insured. International orders will be subject to additional checks and so may delayed due to customs arrangements. Art Swansea CIC cannot be held liable for any loss, damage, or additional charges associated with International supply.

Shipping of orders will take place as soon as reasonably possible, depending on delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and UK bank holidays.

You will be required to pay shipping charges in addition to the price for the goods you purchase unless otherwise stated.

If you purchase goods from us for delivery to a destination outside the United Kingdom your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Right to Cancel and Receive Reimbursement

If you are a customer living in the United Kingdom or the European Union, you have the right to cancel your contract to purchase goods and services from us within 14 days without giving notice. The cancellation period:

  • Will end 14 days from the date of purchase when you purchased good(s) or service(S);
  • Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased good(s) in one order that are all delivered together;
  • Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately; or
  • Will end 14 days from when you receive, or someone you nominate receives, the first good when you purchased goods that will be regularly delivered during a defined period of time.

To exercise your right to cancel you must inform us of your decision to cancel within the cancellation period. To cancel, contact us by email at contact@artswansea.com citing your invoice number.

The right to cancel does not apply to:

  • Custom or personalised goods
  • Commissions or bespoke works

Effects of Cancellation

If you cancel your contract with us and goods have already been sent to you, then you must return the goods to us as soon as possible after informing us of your decision to cancel. You will be responsible for the cost of returning the goods. We will not be responsible for any damage or loss to the goods that occurs before they are returned to us, including while the goods are in transit.

If you cancel your contract for the purchase of physical goods with us, we will reimburse to you all payments we received from you under the contract, including the costs of delivery, except for any supplementary delivery charges resulting from your choice of a delivery type other than the least expensive type of standard delivery we offer. Please note we are permitted by law to reduce your reimbursement to reflect any reduction in the value of the goods that was caused by handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

We will provide the reimbursement without undue delay and no later than the earlier of 14 days after we receive back from you any goods supplied or 14 days after you provide proof that you have returned the goods. If no goods were supplied, then we will provide the reimbursement no later than 14 days after the day we were informed of your decision to cancel.

We will make the reimbursement using the same form of payment as you used for the initial purchase unless you have expressly agreed otherwise. You will not incur any transaction fees because of the reimbursement.

The right to cancel and to reimbursement is not affected by any return or refund policy we may have.

Consumer Protection Law

Where the Sale of Goods Act 1979, the Consumer Rights Act 2015, or any other relevant UK legislation applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. There Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

This Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using this Site.

Affiliate Links

Some links to third party websites may be affiliate links. Purchase made through those links will result in ArtSwansea.com receiving commission. All affiliate third party links will be identified as such within the content that they appear.

Limitation of Liability

Art Swansea CIC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of this Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Art Swansea CIC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of this Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the Country of Wales.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of the Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on the Site. We will notify users by email of changes to these Terms and Conditions and/or post a notice on the Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

legal@artswansea.com

 

Last updated 06/06/2024

 

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