Terms of Services
Effective date: June 6, 2021
1. Introduction
1.1 We are “Artisty Limited”. Our company information is at the end of this document. 2. Definitions 2.1 Capitalised terms have the following meanings in these terms and conditions:
- “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Product ” – our website, the products we sell by means of our website or by phone and any related goods and services.
- “User” – persons or organisations order our products from website or any other means (whether or not registered with us).
3. What this is all about – introduction to our terms and conditions
3.1 These are our terms and conditions which apply to our products. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
4. Changes to the terms and conditions
4.1 We may change these terms and conditions by posting the new version on our website. Please check our website from time to time. The new version will apply if you make a new order following the effective date shown.
5. Forming a contract with us
5.1 Your order is an offer to enter a legal contract with us.
5.2 Website: You place your order by using the ordering process on our site. This involves transmitting the order to us by clicking on the “Pay Now/Submit Your Order ” or equivalent button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
5.3 Phone: You place your order by verbally ordering from us on the call.
5.4 We will send you a confirmation email after your order. This is our acceptance of your offer and the point at which a legally binding contract is formed. 6. Right to cancel (“cooling off”) , refund or exchange.
6.2 You lose the right to cancel contracts for the supply of services which have been already delivered. , (Completion of our services is explained below.)
6.3 There is no right to cancel contracts for the supply of goods made to your specifications or which are clearly personalised.
6.4 If you do have the right to cancel, the following apply:
Right to cancel
6.5 You have the right to refund or exchange any product within 14 days with a valid reason.
6.6 This period will expire after 14 days from the day of the conclusion of the contract. You need to pay the postage fee.
6.7 To exercise the right to refund or cancel , you must inform us
Artisty Limited
19 Frinton Road, London, England, E6 3EZ, or info@artistylimited.co.uk
, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). 6.8 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
6.9 If you cancel or return any goods you order from our website, we will reimburse to you up to 50% of the payments received from you and 50% will be taken off as admin fee/service charge.
6.10 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. 6.11 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; there will be a 50% reduction from your initial payment .
Your responsibilities
7.3 It is your responsibility to take reasonable steps to ensure that all information which you supply to us is accurate and complete.
7.2 It is your responsibility to ensure you order the correct size and color.
Completion of our Service
7.3 Unless we agree to provide additional services, our Service is complete once we send you the product.
8. Delivery costs are charged extra at the rate shown on our Service when you place your order. These will depend on the delivery method chosen.
9. Acceptable use of our Service 9.1 You agree that you will not in connection with the Service:
- breach any applicable law, regulation or code of conduct;
- upload any Content which includes someone else’s personal information unless that person is 16 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
- use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
- use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
- do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
- do anything which may negatively affect other Users’ enjoyment of the Service;
- gain unauthorised access to any part of the Service or equipment used to provide the Service;
- use any automated means to interact with our systems excluding public search engines; or
- attempt, encourage or assist any of the above.
10. Your content
10.1 We reserve the right without notice or refund to remove or delete your content or to disclose to the police or other relevant authorities or to a complainant any content if it is the subject of a complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities.
11. Guidance
If we ourselves provide any guidance or other general information on our Service, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful inquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
12. Other peoples’ services/advertising/websites
12.1 We may display other peoples’ services, advertising, and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
13. Your account
Unless otherwise specifically stated on our Service, any account which we allow you to create on our Service is for your personal use only and is non-transferable. You must not authorize or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure, or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
14. Payment 14.1 All payments must be made in advance via the means we specify. The prices shown on our website include any applicable VAT or taxes.
15. The functioning of our Service
15.1 We do not guarantee that the Service will be uninterrupted or error-free.
15.2 We are entitled, without notice and without liability to suspend our website for repair, maintenance, improvement or other technical reason.
16. Ending this contract
16.1 We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
- we have reason to believe that you have breached our terms and conditions;
- any fees due to us are unpaid / unjustifiably charged back; or
- we are required to do so by law or appropriate authority.
17. Liability
17.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
17.2 Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
17.3 Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
18. Intellectual property rights
18.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent.
18.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any content on our Service without our specific prior written consent.
19. Privacy 19.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
20. Events outside our control
20.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third-party telecommunication failures.
21. Transfer
21.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent
22. English law
22.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
23. General
23.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
24. Complaints
24.1 If you have any complaints, please contact us via the contact details shown below.
25. Company information
Artisty Limited
19 Frinton Road, London, England, E6 3EZ.
Email: info@artistyltd.co.uk