Terms of Service
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products listed on our website Artistixdriect.com 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.
1 INFORMATION ABOUT US
1.1 Artistixdriect.com is a sole trading comany.
1.2 Our Customer Service Address is Artistix Direct, 34 Hough Lane, Bramley, Leeds, LS13 3PT. Phone: 07960 472850. Email: admin@artistixdirect.com
2 HOW THE CONTRACT IS FORMED
2.1 After placing an order, you will receive an e-mail from us confirming that your order is being processed. We will charge your credit or debit card at the time of checkout.
2.2 All orders are subject to acceptance by us by sending you an e-mail confirming dispatch (the Dispatch Confirmation), at which stage the contract is formed. If we cannot fulfil your order for any reason, we will let you know as soon as possible and provide a full refund.
3 LINKS
3.1 We provide links to the websites of other companies. We are not responsible for the products or the service provided by third party companies (this disclaimer does not affect your statutory rights against that third party).
4 CONSUMER RIGHTS
4.1 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 8 below).
4.2 To cancel a contract, you must inform us in writing or by sending an email to admin@artistixdriect.com . You must return the Product(s) to us as soon as possible at the Customer Service Address above in an unused, undamaged condition. You are responsible for paying the cost of returning the Product(s).
4.3 Please note that 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, we may have a right of action against you for compensation.
4.4 Except where a Product is defective, you may not cancel a contract for the supply of any of the following:
(a) Products produced or altered to your own specification;
(b) Perishable goods, including fresh foods or plants;
(c) DVDs or CDs where you have broken the seal;
(d) Magazines.
4.5 Details of this statutory right, and an explanation of how to exercise it, are also provided in the Dispatch Confirmation.
5 AVAILABILITY AND DELIVERY
5.1 We aim to dispatch your order within the following lead times. Standard Service our usual turnaround is 4 to 8 working days from artwork approval to dispatch. First Classour usual turnaround is 3 to 6 working days from artwork approval to dispatch. Please note these are dispatch guides and during busier periods your order may take longer. Customers with deadlines within 5 working days (Monday to Friday) you can upgrade to Special Delivery and let us know your deadline in the message box. Please be aware this is not a guaranteed service. Our only guaranteed service is the Expressoption. Please refer to 5.4 for details and conditions. Because we use a third-party delivery service, these times are estimates and not guarantees. However, please let us know if you do not receive your order in good time and we will look into the matter. Delivery times may be longer for certain products. If this is the case, this will be detailed in the product description.
5.2 Where a product is out of stock we will offer you a refund or, where you have agreed, provide a substitute product.
5.3 Delivery is to UK destinations.
5.4 Express guarantee is only offered to UK Mainland destinations. Express is shipped throughout the UK however delivery times may be longer in certain areas. We cannot be held responsible for delays beyond our control which may delay your package such as adverse weather conditions, acts of god or acts of terror etc. Third party delivery services are used and the insurance of your package covers the postal cost only and not the cost of your goods. Should you wish to upgrade your insurance to cover your goods in transit against consequential loss, please request this at time of purchase and we will send you a upgrade link. If your package is late due to a fault by Artistix a full refund of your purchase price will be offered should your package not be with you within 2 working days after you have approved your artwork. The express guarantee excludes weekends and bank holidays as working days. A valid telephone number must be submitted so we are able to contact via the phone for a quick response to emails if this is not provided the express guarantee will not be offered. On the day of delivery if you package has not arrived by 2pm call us so we can contact the carrier to have a update. After 4.30pm we will be unable to contact the carriers until the next working day, If you contact us to inform of a missed delivery after 4.30pm the express guarantee will not be offered. If our carrier tries to make delivery and there is no one available to sign for the package the item will be taken back to the delivery depot and you will be liable for any redelivery costs incurred and the express guarantee will not be offered.
6 RISK AND TITLE
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7 PRICE AND PAYMENT
7.1 Prices include delivery costs, This can be upgraded in our checkout area which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order to us.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
7.3 If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. If the pricing error is unmistakeable, we are under no obligation to provide the Product to you at the incorrect (lower) price.
7.4 If we have incorrectly displayed a higher price, we will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card.
7.5 We will charge your credit or debit card at the time of checkout.
8 OUR REFUNDS POLICY
8.1 When you return a Product to us:
(a) because you have cancelled the contract between us within the seven-day cooling-off period (see clause 4 above), we 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, we will refund the price of the Product in full, providing that it is not damaged and is returned in its original condition. However, you will be responsible for the cost of returning the item to us, and the original delivery cost. If artwork has been produced for the order additional costs may be added to compensate for time to produce and follow up emails.
(b) because you have said the Product is defective, we will examine the returned Product and if we are satisfied that it is defective we will replace it or provide a refund. If we need to we may send it back for to the manufacturer for an opinion. 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 us.
(c) because you want to exchange it for another item, for example a different size or model, we will examine the returned Product, and providing that it is not damaged and is returned in its original condition, within 30 days of ordering, we will exchange it for an item of the same value. If the replacement item costs more you will be charged the difference. You will be responsible for the cost of returning the original item to us, and you will be charged for delivery of the replacement item.
8.2 We will usually refund any money to the card used to pay for your purchase. If you have placed your order and made payment in full then request a refund as the order has been placed in error or you have just changed your mind we reserve the right to withold up to 10% of the value to cover cost we have inccured plus administration costs. If we have spent time prepairing artwork for your order there will be an additional charge of 15% taken from the refunded amount.
8.3 Please note we can only accept refund requests in writing or via email and can not accept a telephone call as a refund request.
9 OUR LIABILITY
9.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
9.3 We are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.4 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 us to exclude, or attempt to exclude, our liability.
10 IMPORT DUTY
10.1 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 we have no control over these charges and cannot predict their amount.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
11 WRITTEN COMMUNICATIONS
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12 NOTICES
12.1 All notices given by you to us must be given to Artistix Direct at admin@artistixdirect.co.uk . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
13 TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 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.
13.2 We 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.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We 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).
14.2 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.
14.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our 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.
15 WAIVER
15.1 If we fail to insist upon strict performance of any of your obligations under this agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us 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 12 above.
16 SEVERABILITY
16.1 If any of these terms and conditions 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.
17 ENTIRE AGREEMENT
17.1 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We may revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
19 LAW AND JURISDICTION
19.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Artistix Direct Website Terms of Use
These terms and conditions apply to your general use of this website www.Artistixdriect.com and any e-mail correspondence between us and you. Your use of the website indicates your acceptance of these terms, which are issued by Artistix Direct. If you do not agree with any of these terms and conditions, you do not have permission to continue using the website and should leave it immediately. The use of your data is governed by our Privacy Policy. Your purchase of products from this website is governed by our Sale Terms.
1 YOUR USE OF THIS WEBSITE
1.1 You must not use this website inappropriately or in contravention of any laws. In particular you agree not to distribute, upload or publish any material or files that might:
(a) be considered defamatory, inaccurate, threatening, offensive, indecent or calculated to incite hatred;
(b) constitute a breach of confidence, infringe copyright or any other intellectual property right, privacy or any other right of a third party; or
(c) contain viruses or other harmful features, programs or devices.
1.2 You are responsible for the accuracy of any information you submit to the website.
1.3 Any information you provide to us is in accordance with the terms of our Privacy Policy.
2 PASSWORDS
2.1 You agree to keep any password used on this website confidential. You agree that we will not be responsible for any activity on this site resulting from a third party gaining access to your password.
3 INTELLECTUAL PROPERTY
3.1 All web site design, text, photography, graphics and their selection and arrangement, unless otherwise indicated, are Copyright © 2018 Artistixdirect.com , all rights reserved.
3.2 Trade marks used on this web site are the property of their respective owners. These trade marks are protected by law and you may not use these trademarks.
3.3 You are not permitted to use any of our copyrighted material or trade marks in any way. If you do so without our written consent we will have a right of action against you in law for copyright and/or trade mark infringement and you must remove such material with immediate effect.
3.4 You are not permitted to modify the content of this website in any way.
4 LINKS
4.1 Any links from this website to other sites are provided solely for your convenience. We are not responsible for the direct or indirect consequences of you linking to any other web site. We are not responsible for and have no control over the content of any external sites, and the provision of a link is not an endorsement of any other site or its contents.
4.2 You may only create a link to this website on the basis that you link to the homepage and on the condition that you do not imply that we are endorsing any products or services other than our own, that you do not misrepresent your relationship with us or present any false information, you do not use any trade marks displayed on the Website without their owners' express written permission, and your website does not contain material which is distasteful, offensive or infringes any rights of any person.
5 ALTERATIONS
5.1 We may alter this site and these terms, conditions and disclaimers at any time.
6 DISCLAIMER
6.1 We do not make any representation or give any warranty or other assurance (and all such warranties, terms and representations that might otherwise apply by operation of law, practice or otherwise are hereby excluded to the fullest extent permitted) as to:
(a) the operation, quality, timeliness, reliability, usefulness or functionality of this website or any information on this website;
(b) the availability of this website. Access to this Website may be interrupted, restricted or delayed for any reason and at any time (for example, to enable changes to be made);
(c) the compatibility or performance of this website with (or its effect on) your computer equipment;
(d) this website being free from errors, defects, viruses or other harmful features, programs or devices;
(e) the accuracy, completeness, suitability, timeliness or fitness for any particular purpose of any content on this website or accessed through a link on this website.
7 LIMITATION OF LIABILITY
7.1 We are not liable for and disclaim to the fullest extent permissible under any applicable law all liability and responsibility in connection with the use, inability to use or the results of use of this website for any amount or kind of loss, damage, expenses, costs or liability that you or any third party may suffer, including without limitation any direct, indirect, punitive, special or consequential loss or damage or any loss of income, profits, anticipated savings, goodwill or data whether arising in tort, contract, operation of law or otherwise. This limitation does not apply to your purchase of products via this website, which is governed by our Sale Terms.
7.2 If any of these terms and conditions would otherwise be held invalid, the invalid term or condition shall be interpreted as applicable only to the extent permitted without being invalid and the remainder of the terms and conditions shall not be affected.
8 GOVERNING LAW
8.1 These terms and this disclaimer and any claim based on use of information from this web site shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England.