This page (together with any documents referred to on it) tell you the terms and conditions on which the Vendors supply any of the products (Products) listed on our website www.adurartcollective.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
INFORMATION ABOUT US
Adurartcollective.co.uk is a multi Vendor marketplace. It allows its members to create their own individual shops like Etsy and for Adur Art Collective to take commissions from its members. Our terms and conditions are applicable to all our members/Vendors.
The Vendors offer delivery to anywhere in the UK and a select few countries in Europe. You can order for delivery to a UK address if you are not resident in the UK by supplying your address as the billing address, and the recipients’ address as the delivery address.
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are ordering for delivery to an address in the UK or one of the European countries the Vendors offer delivery to.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE Vendor
After placing an order, you will receive an e-mail from the Vendor acknowledging that the Vendors have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Vendor to buy a Product. All orders are subject to acceptance by the Vendor, and the Vendors will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation). The contract between the Vendor (Contract) will only be formed when the Vendors send you the Despatch Confirmation.
The Contract will relate only to those Products whose despatch the Vendors have confirmed in the Despatch Confirmation. the Vendors will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
5. OUR STATUS
Please note that in some cases, the Vendors accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
The Vendors may also provide links on our site to the the websites of other companies, whether affiliated with the Vendor or not. the Vendors cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose the website the Vendors have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by the Vendor absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. The Vendors will notify you when a third party is involved in a transaction, and the Vendors may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).
To cancel a Contract, you must inform the Vendor in writing. You must also return the Product(s) to the Vendor immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, the Vendors may have a right of action against you for compensation.
Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your statutory rights.
7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Despatch Confirmation, unless there are exceptional circumstances.
8. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when the Vendors receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
These prices include VAT but exclude delivery costs which will be added to the total amount due as set out in our Delivery Guide.
Prices are liable to change at any time, but changes will not affect orders in respect of which the Vendors have already sent you a Despatch Confirmation.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. The Vendors will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, the Vendors will charge the lower amount when despatching the Product to you. If a Product’s correct price is higher than the price stated on our site, the Vendors will normally, at their discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
The Vendors are under no obligation to provide the Product to you at the incorrect (lower) price, even after the Vendors have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
10. OUR REFUNDS POLICY
When you return a Product to the Vendor:
(a) because you have cancelled the Contract between you and the Vendor within the seven-day cooling-off period (see clause 6 (above), the Vendors will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, the Vendors will refund the price of the Product in full, including the cost of sending the item to you. Howeverr, you will be responsible for the cost of returning the item to the Vendor.
(b) for any other reason (for instance, because have notified the Vendor in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), the Vendors will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. The Vendors will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day the Vendors confirmed to you via e-mail that you are entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to the Vendor.
The Vendors will usually refund any money received from you the using the same method originally used by you to pay for your purchase.
11. OUR LIABILITY
The Vendors warrant to you that any Product purchased from the Vendor through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of the Vendor breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of the Vendor breaking the agreement. Losses are foreseeable where they could be contemplated by you and the Vendor at the time your order is accepted by the Vendor.
This does not include or limit in any way our liability:
(A) For death or personal injury caused by our negligence;
(B) Under section 2(3) of the Consumer Protection Act 1987;
(C) For fraud or fraudulent misrepresentation; or
(D) For any matter for which it would be illegal for the Vendor to exclude, or attempt to exclude, our liability.
The Vendors are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and the Vendor, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause (A) through (D) or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause.
Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
The Vendors give no guarantee over the representation of colour swatches on this site. The Vendors accept no liability for any resulting loss or damage, not limited to but including categories (a) to (f).
12. IMPORT DUTY
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Vendors have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. the Vendors will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications the Vendors send to you should be in writing. When using our site, you accept that communication with the Vendor will be mainly electronic. the Vendors will contact you by e-mail or provide you with information by posting notices on our the website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Vendors provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to the Vendor must be given to Adur Art Collective Vendor. The Vendors may give notice to you at either the e-mail or postal address you provide to the Vendor when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between Vendorsen you and the Vendor is binding on you and the Vendor and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
The Vendors may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
The Vendors will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Vendors will have an extension of time for performance for the duration of that period. the Vendors will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If the Vendors fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if the Vendors fail to exercise any of the rights or remedies to which the Vendors are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by the Vendor of any default shall not constitute a waiver of any subsequent default.
No waiver by the Vendor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between the Vendor in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between the Vendor, whether oral or in writing.
The Vendors each acknowledge that, in entering into a Contract, neither of the Vendor has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the Vendor prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
The Vendors have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order products from the Vendor, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Vendors notify you of the change to those policies or these terms and conditions before the Vendors send you the Dispatch Confirmation (in which case the Vendors have the right to assume that you have accepted the change to the terms and conditions, unless you notify the Vendor to the contrary within seven working days of receipt by you of the Products).
21.KNIVES, SCALPELS and BLADES
Under the Offensive Weapons Act, it is an offence to sell knives, knife blades or any other product that may be perceived as an offensive weapon to persons under the age of 18. These products are only available for customers aged 18 or over. Customers should not order these items for persons under 18. By placing an order on our website, you agree to our terms and conditions of sale and hence confirm that you are over 18 years of age and can legally purchase products covered by the Offensive Weapons Act.