TERMS & CONDITIONS
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These terms and conditions are the contract between anyone who uses Our Website (“you”) and Eddie Shakeshaft (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Please read this agreement carefully and we suggest that you print or save a copy for your records. If you do not agree with it, you should leave Our Website immediately. Continuing to use Our Website constitutes acceptance of the Terms and Conditions.
We may change these Terms and Conditions from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
If you have any questions about the Terms & Conditions please contact us on contact@eddieshakeshaft.co.uk
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1. Definitions
In this agreement:
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations.
“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. It includes Specified Goods.
"Intellectual Property" means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
“Specified Goods” means Goods which have been subject to work or process to your specific order.
“Our Website” means any website of ours and includes all web pages controlled by us.
2. General Conditions
You agree that you are at least the age of majority in your state or province of residence to use Our Website, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use Our Website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of Our Website, without express written permission by us.
We cannot guarantee that information made available on Our Website is accurate, complete or current.
We reserve the right to modify the Contents of Our Website at any time or to modify or discontinue any of the Goods without notice at any time.
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
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3. Our contract with you
We must receive payment of the whole price for the Goods that you order before your order can be accepted. Payment of the price for the Goods represents an offer on your part to purchase the Goods. This offer will be accepted by us only when the Goods are dispatched. This is when our contract is made.
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 the Goods. We will notify you by email as soon as possible to confirm receipt of your order.
At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason. If the Goods you order are not available, we will offer you alternatives. You may either accept the alternatives we offer or cancel all or part of your order.
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4. Prices
Prices of Goods are shown on Our Website or available on enquiry. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not include the delivery charge, which will be charged at the rates shown on our Postage & Delivery information page.
5. Payment
Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges related to payment in a currency other than Pounds Sterling will be borne by you.
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6. Cancellation & Refunds
The Goods that we sell on Our Website are Specified Goods. These are prepared and printed to the order of the Consumer. Therefore, the Consumer has no cancellation right because the Goods have been made or changed specially for him. Cancellation and return of such Goods may sometimes be permitted by us, but the decision whether or not to permit this will always be made entirely at our discretion after you have contacted us to request it. For Christmas shop items (cards, calendars, special offer prints) that are available for pre-order before a particular date specified in the shop product information, payment will be taken at the time the order is made but we will accept cancellations up until that specified date, which is when we start to send the items to print.
If a return is agreed with us, you must send the Goods back to us within 14 days of the date you received them. You are responsible for the cost of returning the Goods. We will return your money within 14 days of the date we receive the Goods back, provided that we receive the Goods in new condition, with packaging intact.
Return of faulty goods:
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Please examine all Goods received from us immediately upon receipt of the Goods. If you believe there is a defect or problem with the Goods please tell us immediately by emailing contact@eddieshakeshaft.co.uk
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If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
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You must clearly describe any fault or defect to us and return the Goods to us. Once we have received the Goods and confirmed that the fault or defect exists, we shall either replace the Goods or refund the full cost you have paid including the cost of returning the Goods, within 14 days from the date when we accept that repayment is due.
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The Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
Please note that we have made every effort to display as accurately as possible the colours and images of the paintings on Our Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate. Our prints, cards and other printed Goods are reproduced from the images as they are, except that the copyright symbol will be removed. This means that any mark or line that already exists on the website image will be reproduced in the printed image. You accept this when you purchase the Goods.
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7. Errors with ordering
Please take time to check your order carefully, paying particular attention to ensure that the painting code you have entered is correct, before submitting your order. You are able to correct errors on your order up to the point on which you submit your order. We cannot be held responsible for any errors you make with your order. However, if you realise that you have made an error after you have submitted your order, please contact us immediately. It may be possible to alter your order if you contact us before we have sent the order to the printers.
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8. Delivery & Postage
Please see our Postage & Delivery page for pricing information.
We make every effort to deliver your Goods within 10 working days from the day you place an order to purchase the Goods if your delivery address is in the UK, but we cannot guarantee this timescale. Any time specified for delivery is an estimate only. Delivery to addresses outside the UK is expected to take longer than 10 working days. For the 'Print Of The Week' offer we aim to deliver within 10 working days of the end of the offer week (not from the day you place the order), as we place a batch order with the printers at the end of each week (Sunday evening) to allow this special offer. For Christmas shop items (cards, calendars, special offer prints) we aim to deliver within 10 working days of the date that we start to send items to print (as stipulated in the shop) if you have pre-ordered prior to that date.
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We send the Goods by Royal Mail post or courier service. We will send you a message by email to tell you when we have dispatched your order. Delivery of Goods will be made by the carrier to the address stipulated in your order. For Goods that require a signature upon receipt you must ensure that someone is present to accept delivery of those Goods. We may deliver the Goods in instalments if they are not all available at the same time for delivery. Some Goods are delivered direct from the printer who may contact you to arrange delivery. When delivery of the Goods has been arranged directly with the printer, you will be subject to the printer's delivery policy.
When your Goods are delivered to you it is important that you check immediately the condition and quantity. If it is evident that your Goods have been damaged in transit, you must refuse the delivery and immediately contact us.
Goods are at your risk from the moment they are delivered to you or signed for by you or by any other person at the address you have given to us.
If you do not receive the Goods within 30 days of the date on which you ordered and you do not want us to rearrange delivery of the Goods to you, we will give you a full refund.
We cannot be held responsible for orders delayed by incorrect address or payment information supplied during the checkout process.
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9. Orders from outside the UK
If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
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10. Privacy Policy
Our privacy policy complies fully with the Data Protection Act 2018. You can visit our privacy policy here.
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11. Prohibited uses
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may: be unlawful, or tend to incite another person to commit a crime; consist in commercial audio, video or music files; be sexually explicit or pornographic; be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person; give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business; be made on behalf of some other person, or impersonate another person; request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself; be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use; include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate; link to any of the material specified in this paragraph; use distribution lists that include people who have not given specific permission to be included in such distribution process; send age-inappropriate communications or Content to anyone under the age of 18.
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain: hyperlinks, other than those specifically authorised by us; keywords or words repeated, which are irrelevant to the Content Posted; the name, logo or trademark of any organisation other than yours; inaccurate, false, or misleading information.
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12. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
12.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
12.2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
12.3. download any part of Our Website, without our express written consent;
12.4. collect or use any product listings, descriptions, or prices;
12.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
12.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
12.7. transmit any viruses, worms or codes of a destructive nature to Our Website.
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13. Damage to computer
We try to ensure that Our Website is free from viruses and defects, however we cannot guarantee that your use of Our Website or any websites accessible through it will not cause damage to your computer. Except in the case of negligence on our part, we will not be liable for any loss or damage which may arise to computer equipment as a result of using this website.
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14. Disclaimers
14.1. We make no representation or warranty for:
14.1.1 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
14.1.2 the adequacy or appropriateness of the Goods for your purpose.
14.2. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
14.3. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
14.4. We shall not be liable to you for any loss or expense which is:
14.4.1 indirect or consequential loss; or
14.4.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
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15. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
15.1. your failure to comply with the law of any country;
15.2. your breach of this agreement;
15.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
15.4. a contractual claim arising from your use of the Goods;
15.5. a breach of the intellectual property rights of any person.
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16. Intellectual Property
All Content included on Our Website is the property of Eddie Shakeshaft and is covered under international copyright laws. We retain all rights to the artwork of Eddie Shakeshaft and its reproduction. You may not reproduce the artwork in any way. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us. The purchase of any Goods does not provide the purchaser with any copyright interest or other intellectual property right in those Goods.
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17. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
17.1. If you are not happy with our services or have any complaint then you must tell us by email message to contact@eddieshakeshaft.co.uk
17.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
17.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
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