Terms and conditions
These terms and conditions regulate the business relationship between you and the Artist, Tina Bone. By using the website in any way, or by buying the products on sale, or my work, you agree to be bound by them.
Mrs Tina Bone, Artist
18 Harbour Avenue
Cambridge CB23 7DD
You are: a welcome visitor to my website, or a customer
The terms and conditions
1.1 COPYRIGHT: Unless specifically assigned in writing, copyright of all artwork and goods offered for sale remains with the Artist. No copying, screen-grabbing, or unauthorized downloading from this site is allowed. All rights reserved.
1.2 In this agreement:
“the Artist” is Mrs Tina Bone.
“Carrier” means any person or business contracted by me to carry Goods from me to you, whether all or part of the distance.
“My website” means the entire computing hardware and software installation that is or supports my website.
“Goods” means any of the Goods I offer for sale on my web site
“Content” means information in any form published on my website 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 website; and
2.1.2 in any event to you as a buyer, or prospective buyer, of my goods.
2.2 Goods advertised may sometimes not be available (but orders or commissions for similar will be accepted).
2.3 I shall accept your order by e-mail confirmation. My message will also confirm details of your purchase and tell you when your order will be despatched. That is when our contract is made.
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 If the Goods you order are not available, I may be able to offer you alternative(s) and will email you whereby you may:
2.5.1 accept the alternative(s) I offer;
2.5.2 cancel your order;
2.5.3 order other goods or a commission to the same value.
2.6 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.
2.7 You are free to correspond with or communicate with me at any time regarding sales of Goods, returns, commissions or refunds.
3 Price and Payment
3.1 You must pay the full price of your order before I will send any part of it.
3.2 All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 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 all reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact me within seven days of purchase.
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 (no extra carriage charges).
6 Orders from outside the UK and Ireland
6.1 Orders from outside the UK and Ireland [“Special orders”] are not accepted initially, but if you desire to purchase goods from my web site you should send me an email detailing your order and I will send you an email of costs. If, upon receipt of notification of charges, you are satisfied with the cost, a special order page will be uploaded to my website so that you can order and pay online (you will be responsible for paying all transfer of currency costs).
6.2 Once orders, placed for delivery outside the UK and Ireland, have left my studio, the purchaser will be responsible for tracking the shipment.
6.3 The utmost care will be taken to pack the goods so that they arrive undamaged at their destination.
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 You must tell me you wish to cancel within 7 days of your receipt of the Goods.
7.2 In any event, you may not cancel orders for specially commissioned or personalized goods;
7.3 The Goods must be returned to the Artist within 21 days of delivery:
7.3.1 with both goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including my delivery slip;
7.3.4 at your risk and cost.
7.4 After I receive the Goods, I will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;
7.5 If you do not return the Goods to me, you are still liable for the cost.
7.6 I am under no obligation to collect or recover Goods from you, but if I do, my costs will be payable by you.
8.1 I may make improvements or changes to my website, 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 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
8.3.3 compatibility of my website with your equipment software or telecommunications connection.
8.3.4 compliance with any law;
8.3.5 non-infringement of any right.
8.4 My website contains links to other internet web sites. I have neither power nor control over any such websites. 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 website.
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 website 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 website, or any software used on my website, 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, libelous, obscene, harassing or offensive material contained in any of your communications.
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 website, 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 website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
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 obligation resulting from causes beyond my reasonable control.
18 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement may not be governed by the United Nations Convention on Contracts for the International Sale of Goods, in which case its application is hereby expressly excluded.