Terms & Conditions

TERMS AND CONDITIONS

(1) Introduction
These terms and conditions govern your use of Artruist Limited (‘we’, ‘our’) website at www.artruist.com and form part of the agreement for any purchase of goods made on our website. By navigating and/or ordering goods from our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, please do not use our website or purchase any goods from it.

(2) Licence to use our Website
Unless otherwise stated, Artruist Limited or our licensors own the intellectual property rights in our website and material displayed on our website. Subject to the licence below, these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from our website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on our website; or
(f) redistribute material from our website, except for content specifically and expressly made available for redistribution, such as our newsletter.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation and not for commercial use. If you wish to create a link from your website to our website you may do so after obtaining the written consent of Artruist Limited.

(3) Acceptable Use
You must not use our website in any way that causes, or may cause, damage to our website or impairs the availability or accessibility of our website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.

(4) Warranties
We do not warrant the completeness or accuracy of the content published on our website nor do we commit to ensuring that our website remains available. We will endeavour to ensure that the content on the website is kept up-to-date as far as is reasonably practicable.
Our online art store only offers products that we have in stock. Please note that in relation to goods purchased from the online art store all orders are subject to availability and there may be a short delay in updating the website in relation to products that are no longer available.

(5) Limitations and Exclusions of Liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
We will not be liable to you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
· use of, or inability to use, the Website; or
· use of or reliance on any content displayed on the Website; or
· reliance on descriptions, colours and sizes of goods shown in the online art store on the website which are determined by the artist who has created the goods and which may not be accurately represented on the website.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked to or from our website. Such links should not be interpreted as endorsement by Artruist Limited of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(6) Indemnity
You hereby indemnify Artruist Limited and undertake to keep Artruist Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered Artruist Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(7) Breaches of these Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including demanding the return of (Limited Edition) goods purchased in breach of Clause 13, suspending your access to our website, prohibiting you from accessing our website, blocking computers using your IP address from accessing our website, contacting your internet service provider to request that they block your access to our website and/or bringing court proceedings against you.

(8) Variation
We may revise these terms and conditions from time-to-time and any such revisals will be published on our website as soon as reasonably practicable. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check our website regularly when using our website to view material and/or make an online purchase of goods to ensure you are familiar with the current version of the terms and conditions.

(9) Assignation
We may transfer, sub-contract or otherwise assign our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise assign with your rights and/or obligations under these terms and conditions.

(10) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(11) Exclusion of Third Party Rights
These terms and conditions are solely for the benefit of you and Artruist Limited, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Artruist Limited and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(12) Entire Agreement
These terms and conditions, together with our Privacy Policy (see Clause 17 below), constitute the entire agreement between you and Artruist Limited in relation to your use of our website, and are incorporated into any other agreement made between you and us in relation to the purchase of goods from the online art store by whatever means.

(13) Online Art Sales
These terms and conditions apply to your purchase of goods at www.artruist.com.

These terms and conditions also apply to any purchase of goods made by e-mail between Artruist Limited and the purchaser, including for example where the price of the goods is not stated on the website and the purchaser is required to make an application for the price by e-mail to Artruist Limited at info@burnsunbroke.co.uk

By placing an order for goods you enter into an agreement with Artruist Limited and these terms and conditions will apply. If for any reason you do not agree, please do not complete your order online or by email. We reserve the right to change, amend or update our terms and conditions, including product information and price, at any time. All changes will be effective on orders placed after any change is published on www.artruist.com.

The online art store only offers goods that are in stock. All orders are subject to availability.
If the goods you order are not available for whatever reason, we may offer you an alternative. If this happens you may:
– accept the alternatives we offer subject to any amendments in price; or
– cancel your order and receive a refund; or
– leave the order valid but ask us to omit the out of stock item.
Please note Limited Edition prints are strictly limited to one print per purchaser.
To complete your purchase of goods on our website, please read and agree with our terms and conditions and then proceed by clicking on the ‘Proceed to Checkout’ button.

When you click on the ‘Proceed to Checkout’ button you will need to enter your delivery address, billing address and contact details. All personal information obtained is handled in accordance with our Privacy Policy (see Clause 17 below).

(14) Price and Payment
Whilst we try to ensure that prices shown at the time you place your order are accurate, we reserve the right to make price adjustments to goods on our website if it is discovered that the price has been quoted in error.

Once you have clicked on the ‘Proceed to Checkout’ button you will be directed to PayPal where you can make payment either through your PayPal account or by using a credit/debit card.
Banking charges by the receiving bank on payments to us will be borne by Artruist Limited. Bank charges relating to a payment in a currency other than pounds Sterling will be borne by you.
When paying by card or PayPal account, Artruist Limited reserves the right to check the validity of the card or PayPal account. We also reserve the right to deny any purchase in relation thereto.
You will receive a confirmation e-mail at the end of this checkout process stating ‘Thank you for your order’ and detailing the product purchased, quantity, shipping method, payment method and price.
By placing your order, you authorise us to take payment of the full amount shown.
When we have received payment in full we will send you an email to confirm acceptance of your order.
For the avoidance of doubt the agreement including these terms and conditions will be concluded between you and Artruist Limited when you have: (a) completed all checkout steps; and (b) received an email confirming receipt of your order; and (c) received an e-mail from Artruist Limited accepting your order.

Your contract is with Artruist Limited, not our artists, therefore, you may not under any circumstances correspond with or communicate with our artists regarding the sales, returns or refunds of goods.

(15) Delivery
Deliveries will be made by our chosen carrier to the address stipulated in your order and you must ensure someone is present to accept delivery.
If we are not able to deliver your goods within 30 days of the date of your order we will contact you by email to arrange a new delivery date.
We may deliver the goods in instalments if some goods are not available at the same time for delivery.
Please note that all prices, VAT, delivery times and delivery charges may be adjusted depending on the country you would like your items shipped to.
You will be responsible for any customs taxes/charges on relation to purchase of goods to be shipped outwith the UK.

(16) Returns, Refunds, Right of Cancellation
All correspondence regarding the return of goods shall be carried out between you and Artruist Limited.
Please note that once your order has been placed and you have received an order confirmation email, it may not be possible to make any changes to your order. However if you wish to cancel your order please notify us immediately by emailing info@artruist.com or by telephoning 07788 433704.
The goods must be returned to Artruist Limited within 14 days of delivery. All goods returned must be packaged securely and remain in their original condition and must include our delivery slip. All returns will be at your risk and your cost.
If returned goods are damaged Artruist Limited has the right to not issue a refund. Subject to Artruist Limited being satisfied of the condition of the returned goods we aim to process a refund or exchange as quickly as possible.
If you do not return the goods to us, you remain liable for the cost of the goods.
We are under no obligation to collect or recover goods from you but if we by written agreement arrange to do so our costs will be payable by you.
Please note that we do not cover the cost for return shipping or any custom charges/taxes if applicable.

(17) Data Protection and Privacy Policy
The Data Protection Act 1998 sets out requirements for how Artruist Limited stores and discloses your personal information. Artruist Limited assumes responsibility for all personal information that you make available to us. The details are used for verifying, accepting and processing purchases, delivery agreements and for managing the customer relationship thereby arising, pursuing outstanding payments, combatting fraud and misuse and complying with statutory regulations. Artruist Limited does not pass on any information to third parties.

(18) Applicable Law
These terms and conditions and all disputes arising in connection with these terms and conditions or with the use of our website or with any purchase on our website shall be governed by Scottish law.

(19) Company Information
Artruist Limited is owned by Sheilagh Tennant and is registered in Scotland: No 273640
Registered address is: 30 Fountainhall Road, Edinburgh EH9 2LW
You can contact us by email: info@artruist.com