CUSTOMER INFORMATION The Artmill is an online gallery with and associated retail outlet, exhibiting and selling original artwork from professional and emerging artists. We know that buying art online sometimes means that your purchase, when it arrives, may not be what you expected and to give you peace of mind, we offer a 14 day return policy, giving you the opportunity to confirm you are happy with your purchase. We are sure you will love your new artwork, but if not, then please contact us immediately by email to firstname.lastname@example.org and subject to the artwork not being damaged, we will issue a full refund of the purchase price. Please contact us within 14 days of receiving the artwork and please be aware that items that have been damaged since arriving with you will not be accepted.
TERMS AND CONDITIONS These Terms and Conditions regulate the business relationship between you ‘The Customer’ and us ‘The Artmill’.
By using our Website, or by buying from us, you agree to be bound by them.
Definitions In this agreement: “Carrier” means any person or business contracted by us or our artists to carry Artworks from us to you, whether all or part of the distance. “Our Website” means the entire computing hardware and software installation that is or supports Our Website. “Artworks” means any Artworks we offer for sale on Our Website. “Content” means information in any form published on Our Website by us or any third party with our consent.
Our contract with you
1. Your order will be confirmed by email. Our message will also confirm details of your purchase and tell you your order will be dispatched. That is when our contract is made.
2. We may change these Terms and Conditions from time to time. The Terms and Conditions that apply to you are those posted on Our Website on the day you order any Artworks.
3. All descriptions, weights and sizes of Artworks are approximate and may vary slightly from the specific values given. Accordingly, any such description shall not form part of this Agreement.
4. If the Artworks you order are not available, we will offer you alternatives before we dispatch your order. If this happens you may: (a) accept the alternatives we offer; (b) cancel your order; (c) leave the order valid, but tell us to omit the out-of-stock item. (d) Wait for the item to come back into stock. (e) If we owe you money (for this or any other reason), we will reimburse you as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
5. Your contract is with The Artmill, not our artists. You may not under any circumstances correspond with or communicate with our artists regarding sales of Artworks, returns, commissions or refunds.
6. You must pay us the full price of your order before we will send any part of it.
7. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our products.
8. We will use all reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
9. Deliveries will be made by the Carrier to the address stipulated in your order, within 30 days. You must ensure that someone is present to accept delivery.
10. If we are not able to deliver your Artwork(s) within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
11. We may deliver the goods in instalments if the goods are not available at the same time for delivery.
Returns and refunds
12. Because you are buying the Artwork(s) by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
(a) All correspondence regarding the return of Artwork(s) shall be carried out between You, the customer and us, The Artmill. You may not contact any artist directly for any reason.
(b) You must tell us you wish to cancel within 14 days of your receipt of the Artwork(s).
(c) The Artwork(s) must be returned to The Artmill within 21 days of delivery: (i) with the Artwork(s) and all packaging in their original condition; (ii) securely wrapped; (iii) at your risk and cost.
(d) The Artwork(s) must be undamaged as no refunds will be paid for damaged goods.
(e) After we have received the Artwork(s), we will reimburse the full purchase price of the Artwork(s) returned no later than 30 days from the date of receipt.
(f) If you do not return the Artwork(s) to us, you are still liable to us for the cost.
(g) We are under no obligation to collect or recover Artwork(s) from you, but if we do, our costs will be payable by you.
13. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Artwork(s), at any time and without advance notice.
14. You are advised that Content may include technical inaccuracies or typographical errors.
15. We give no warranty and make no representation, express or implied, as to: (a) the adequacy or appropriateness of the Artwork(s) for your purpose; (b) the truth of any information given on Our Website; (c) any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose; (d) compatibility of Our Website with your equipment software or telecommunications connection; (e) compliance with any law; (f) non-infringement of any right.
16. Our Website may contain links to other websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
17. We are 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 Our Website or the purchase of Artwork(s).
18. In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute. Content and Intellectual Property Rights
19. Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
20. 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.
21. 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.
22. 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.
23. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Website, or any software used on Our Website, and that you will not permit any other person to do so.
24. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations are: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; taking any action in order to obtain Artwork(s) to which you are not entitled.
25. You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of: any violation of system security as set out above; your use of Our Website; any other breach or violation of this agreement by you; 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.
26. You agree to indemnify us 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 Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
27. Where we 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 us in respect of any such goods.
28. Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
29. 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.
30. No waiver by us, 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.
31. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
32. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
33. This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.