These terms and conditions regulate
the business relationship between you and us. By using our website
in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase
goods and services. We look forward to seeing you again when you
are over 18.
We are: Island of Art, 10 Langley Crescent, St Albans, Hertfordshire, AL3
5RS, United Kingdom
You are: a visitor to the island-of-art.com website.
The terms and conditions
1 Definitions
In this agreement:
“Our website” means the entire computing
hardware and software installation that is or supports Our website (island-of-art.com)
“Goods and Services” means any of the
goods and services we offer for sale on our website
“Content” means information in any
form published on Our website by us or any third party with
our consent.
2 Our 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 Our website; and
2.1.2 in any event to you as a buyer or prospective buyer of our Goods
and Services
2.2 Goods and Services advertised may not be available.
2.3 Order acceptance and the completion of the
contract between you and us will take place on the dispatch of
the Products ordered to you unless we have notified you that
we do not accept your order or you have cancelled it in accordance
with the instructions in "Cancellation
of an order."
Non-acceptance of an order may be a result of one
of the following:
- The products or services you ordered being unavailable
- Our inability to obtain authorisation for your
payment
- The identification of a pricing, service or
product description error
- You not meeting the eligibility to order
criteria set out in this document
2.4 We may change these terms from time to time.
The terms that apply to you are those posted here on Our website on the day you order Goods and Services. It may be useful
to print a copy now.
2.5 Where we provide goods or services 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 us in respect of any such goods or
services.
3 Price and Payment
3.1 The price charged for any service may differ
from one country to another. You may not be entitled to the lowest
price unless you reside in the qualifying country.
3.2 The total price on the final checkout screen
is inclusive of any applicable value added tax or other sales
tax.
3.3 Banking charges by the receiving bank on payments
to us will be borne by us. All other charges relating to payment
in a currency other than pounds Sterling will be borne by you.
3.4 Any details given by us in relation to exchange
rates are approximate only and may vary from time to time.
3.5 You will pay all sums due to us under these
terms by the means specified without any set-off, deduction or
counterclaim.
4 Information you give us
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
and Services.
5 Disclaimers
5.1 We, or our Content suppliers may make improvements
or changes to Our website, the Content, or to any of the Goods
and Services, at any time and without advance notice.
5.2 You are advised that Content may include technical
inaccuracies or typographical errors.
5.3 We give no warranty and make no representation,
express or implied, as to:
5.3.1 the adequacy or appropriateness of the
Goods and Services for your purpose.
5.3.2 the truth of any information given on Our
website;
5.3.3 any implied warranty or condition as to
merchantability or fitness of the Goods and Services for a
particular purpose;
5.3.4 compatibility of Our website with your
equipment software or telecommunications connection.
5.3.5 compliance with any law;
5.3.6 non-infringement of any right.
5.4 Our website contains links to other Internet
websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in
any way for the Content of any such linked website, nor for
any loss or damage arising from your use of any such website.
5.5 We are not liable in any circumstances for
special, indirect or consequential damages 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 Our website.
6 Content and Intellectual Property Rights
6.1 Title, ownership rights, and intellectual property
rights in the Content whether provided by us or by any other
Content provider shall remain the sole property of us and / or
the other Content provider. We will strongly protect its rights
in all countries.
6.2 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.
6.3 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.
7 System Security
7.1 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;
7.2 You agree that you will in no way modify, reverse
engineer, disassemble, decompile, copy, or cause damage or unintended
effect to any portion of Our website, or any software used on
Our website, and that you will not permit any other person to
do so.
7.3 You understand that any such violation is unlawful
in many jurisdictions and that any contravention of law may result
in criminal prosecution.
7.4 Examples of violations are:
7.4.1 accessing data unlawfully or without consent;
7.4.2 attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures;
7.4.3 attempting to interfere with service to
any user, host or network, including, without limitation, via
means of overloading, "flooding", "mail bombing" or "crashing";
7.4.4 forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup posting;
7.4.5 taking any action in order to obtain services
to which you are not entitled.
7.5 You agree to indemnify us against any claim
or demand, including reasonable lawyers’ fees, made by
any third party due to or arising out of:
7.5.1 any violation of system security as set
out above;
7.5.2 your use of Our website;
7.5.3 any other breach or violation of this agreement
by you;
7.5.4 the infringement by you, or by any other
user of the services using 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.
8 Indemnity
You agree to indemnify us 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 Our
website, or the infringement by you, or by any other person
using your computer, of any intellectual property or other right
of any person.
9 Severability
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.
10 No Waiver
No waiver by us, 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.
11 Dispute Resolution
In the event of a dispute arising out of or in
connection with these terms or any contract between you and us,
then you agree to attempt to settle the dispute by engaging in
good faith with us in a process of mediation before commencing
arbitration or litigation.
12 Governing Law
This Agreement shall be governed by and construed
in accordance with the law of England. This agreement shall not
be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is
hereby expressly excluded.
13 Force majeure
We are not liable for any breach of our obligations
resulting from causes beyond our reasonable control including strikes
of our own employees.
This website is owned and operated by Island of
Art Ltd which can be contacted at the following address:
9 St Albans Enterprise Centre
Long Spring
St Albans
Herts, AL3 6EN
United Kingdom
Tel: +44 (0) 1727 751446
Fax: +44 (0) 1727 759507
Email: info@island-of-art.com
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