Terms & Conditions
Effective Date: 5 December 2010
This website is owned and operated by Art of Giving (UK) Limited. We are registered in the UK (technically “England & Wales”) under number 06942286. Our registered office and trading address is at 9 Bentinck Street, London W1U 2EL. Our VAT number is [to be inserted]
These terms and conditions apply when you buy any goods via this site or otherwise use this site.
We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2. Right to cancel under “Distance Selling Regulations
If you are a consumer (ie acting for purposes outside a business), you have the right (ending 7 working days following the day after delivery of goods) to cancel the contract by email to email@example.com in which case we will refund the price paid for the goods plus delivery charges attributable to the cancelled item. You are required to take very good care of items. If you cancel, you must return the goods to Art of Giving at your expense. The good(s) must be in perfect order. We will charge you the direct costs of recovery if you do not comply or if you return them at our expense. (This paragraph does not apply to goods to which the right of cancellation under the Distance Selling Regulations does not apply including goods which are made to your specifications or are clearly personalised or are liable to deteriorate or expire rapidly or audio or video recordings or software if unsealed).
Your above rights under the Distance Selling Regulations are not affected by any separate returns policy on our website.
3. Payment and price
Payment is in advance by the means stated on our website. We will only process payments if we obtain authorisation from our payment partner.
The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you don’t, we will provide a full refund of any payments already made.
Delivery costs are charged extra at the rate shown on our site when you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these.
We will make a charitable donation to the charity selected by you on our website (or to the relevant pre-selected charity if applicable) of the percentage shown on our site as applied to the price of the goods you order (excluding VAT and delivery charges). We will make the payment by end of the calendar month following the month when we despatch the goods to you subject to you having paid the purchase price and all charges in full.
4. Your order
Your order is an offer to buy from us. Please check your order very carefully to ensure it is correct.
5. Acceptance / unavailability
There will be no binding contract of any kind between you and us unless and until we actually despatch the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
We will only arrange for delivery once we have received full payment in cleared funds. Delivery will be to the address which you specify when ordering.
We will do our best to arrange delivery within the time specified on our website or, if none, a reasonable period. [Note 30 days max under Distance Selling Regs] We are not liable for late delivery to the extent that this is due to circumstances beyond our reasonable control.
An extra delivery charge may become payable if no-one is present to accept delivery and either you haven’t provided alternative delivery instructions or else you don’t collect the item from a holding depot within 7 days.
Risk of damage or loss to the goods passes to you on delivery or if you wrongfully refuse delivery when delivery is attempted.
7. Our responsibility to you
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
8. Very important: If you are a consumer (ie not acting in the course of a business), we are not responsible for any loss or damage where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable by both parties;
- 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.
If you are a business, our liability of any kind (including our own negligence) in respect of any particular goods is limited to the amount of the purchase price (excluding VAT and other charges) paid by you for those goods.
9. Your responsibility to us
If you are a consumer (ie not acting in the course of a business), you will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
If you are a business, you will indemnify us against all claims and liabilities directly or indirectly related to your Advertisement (if you are an advertiser) and/or breach of this agreement.
10. Intellectual property rights
All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of the artists concerned. You may display or reproduce such content insofar as necessary to view it within our site for private, genuine non-commercial use. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) such content without our prior written consent.
11. Availability of our site
We cannot guarantee that our site will be uninterrupted or error-free. We may have to suspend the site for repair, maintenance, improvement or other technical reason.
12. Third party websites
We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.
13. “Act of God”
Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
14. English law
These T&Cs shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these T&Cs.