TERMS OF SERVICE
This website is operated by Art on Attire™. Throughout the site, the terms “we”, “us” and “our” refer to Art on Attire™. Art on Attire™ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, whether registered users or guests, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, regardless of whether or not you choose to register with us. If you do not agree to all the terms and conditions of this agreement, then you may not access our website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website, without notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We reserved the right to withdraw or modify this Website at any time, without liability to you.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
These are the legal terms and conditions under which We supply the products ("Products) listed on our website www.artonattire.co.uk ("our site") to you.
SECTION 1 - INTELLECTUAL PROPERTY
Our product designs and artwork are registered
Art on Attire™'s original product designs and artwork, designed, created and executed by Art on Attire™, are registered with the UK government's Intellectual Property Office. This organisation protects the copyright of our designs and has issued us with unique registration numbers for our designs. You are not permitted to copy, imitate, reproduce or reinterpret our designs and/ or claim them as your own in any circumstance, and it is a serious offence to do so.
Our business name Art on Attire™ is registered
Art on Attire™ created the trading name Art on Attire™, and own the copyright of this trading name. For years we have registered our business' trading name with the National Business Register, who protect our trading name against being copied ('passing off') by any other business, company or brand. You are not permitted to use our organisation's trading name as your own trading name, at any time.
The copyright of our logo is protected
Art on Attire™ designed the Art on Attire™ logo (in portrait and landscape orientation), and have legally binding documentation that proves that we designed our logo, and when, and that we own the copyright of our logo. You are not permitted to use our logo at any time without our approval, including using our logo as your own.
Intellectual property rights
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependants to use this site.
Your use of our site
You may use our site for lawful purposes only. You may not use our site in any way that is fraudulent or unlawful, or has any fraudulent or unlawful purpose or effect. Your use of our site should not breach any applicable international, national or local law, code of practice or regulation. You may not use our site in any way that infringes our intellectual property. Your use of our site must not be used to transmit, or procure the sending of any unauthorised or unsolicited promotional or advertising material, or any other form of similar solicitation to other people. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Hacking, viruses and other offences
We do not guarantee that our site will be secure or free from viruses or bugs. You are responsible for configuring your computer programmes, information technology and platform to access our site, and using your own virus protection software. A breach or violation of any of the Terms will result in an immediate termination of your Services. You must not misuse our site by knowingly introducing or transmitting any viruses, logic bombs, trojans, worms or any code of a destructive nature, or any other material that is technologically harmful or malicious. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, database or computer connected to our site. You must not attack our site via a distributed denial-of-service attack, or a denial-of-service attack. By breaching this provision, you would be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by revealing your identity to them. In the event of such a breach, you would immediately loose any right to use our site.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION, AND CHANGES TO OUR SITE
We are not responsible if information made available on this site is not accurate, complete or current. At any given time, any of the content on our site may be out of date and we are under no obligation to update it. We do not guarantee that our site and its contents will be free of omissions or errors.
Although We make reasonable efforts to update the content on our site, We make no representations, guarantees or warranties, whether implied or express, that the information on our site is complete, accurate or up-to-date.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. From time to time we may update our site and change its contents, and we reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
No reliance on information on our site
The content on our site is provided for general information only, and it is not intended to provide advice on which you should rely. The material on this site should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You should obtain specialist or professional advice before taking or refraining from any action based on the information of our site. Any reliance on the material on this site is at your own risk.
SECTION 5 - ACCESS TO OUR SITE
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
The cost of your order will be the price of Products ordered, plus the delivery charge. Due to circumstances beyond our control, prices for our products may have to be altered without notice. However, if we need to change the price of a product that you have already placed an order for, you will be notified and requested to reconfirm your Order at the altered price. By notifying You, We will be entitled to cancel any Contract in whole or in part, to the extent that it is for the purchase of a Product thats' price was stated incorrectly on our Website.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 - PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
Availability and description
We take all reasonable measures to ensure that descriptions, details and measurements of Products given on this Website are as complete and accurate as possible, but there may be variations between these descriptions and the Products themselves. All Products are subject to availability, and in the event that Products are unavailable, they will be cancelled from your Order, and you will receive a refund.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8- PLACING AN ORDER
All Orders are subject to acceptance by Us and subject to availability. After placing an Order, We will send you an email that acknowledges We have received Your Order. This does not mean that Your Order has been accepted by us. Your Order constitutes an offer to Us to buy a Product from Us. All Orders are subject to acceptance by Us. We will confirm such acceptance by sending You an email that confirms that the Product has been dispatched (the 'Dispatch Notice'). The Contract between Us will only be formed when We send You the Dispatch Notice.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Your account and password
If you choose to set up a purchasing account, and are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. You are responsible for restricting access to your computer and/ or email address, to prevent unauthorised access to your account.
SECTION 10 - PAYMENT METHODS
Easy and flexible methods are available for You to pay for Your Order. You can pay via:
- Visa and Mastercard credit cards
- Electron, Maestro, Mastercard, Solo and Visa debit cards
- American Express cards
You confirm that the card or PayPal account being used is Yours.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, resources, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us (including where our social media sharing plug-ins may include links to third-party sites). These links are provided purely for your information. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We have no control over the contents of those resources or websites, and accept no responsibility for them, or for any loss or damage that may arise from your use of them.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's privacy and other policies and practices, and make sure you understand them before you engage in any transaction. We are not responsible for the policies and practices of other companies. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - LINKING TO OUR SITE
You are allowed to link pages of our site to your personal social media account(s), where social media sharing plug-ins are available on our site. You may link to our site in other ways, but we stipulate that you please email us beforehand, to inform us of your intention to do so, and to obtain our consent, at email@example.com.
You are not permitted to establish a link to our site:
- in a way that suggests any form of endorsement, approval or association on our part where none exists,
- in such a way that is not legal, fair, or which damages our reputation or takes advantage of it,
- in any website that includes fraudulent or unlawful content, has any fraudulent or unlawful purpose or effect, or breaches the content standards set out above.
You are not permitted to frame our site on any other site, or create a link to any other part of our site other then the homepage without our prior consent.
We reserve the right to withdraw any permission for you to link to our site without notice.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 - PERSONAL INFORMATION
SECTION 16 - PERSONAL DATA COLLECTION AND USE
When you visit this Website, We may collect information about where you are on the internet (e.g. the URL You came from, domain name types like .co.uk and .com, IP address), Your browser type, the country and telephone area code where your computer is located, the pages of this Website that you viewed during Your visit, and any search terms that You entered on Our website ("User Information"). We may collect this User Information when You register or shop on this Website, when you visit our Website, even if You do not register on this Website. When you shop on this Website, We will (where applicable) ask You to input and We will collect your Personal Information.
We will treat all Your Personal Information (which includes any User Information from which we can identify You) as confidential. However, We would be legally obligated to disclose Your Personal Information and/ or User Information to the police or any other regulatory or government authority investigating suspected illegal activities, if they requested for Us to do so.
We only use Your personal Information for the following purposes:
- Processing Your Orders;
- To administer this Website;
- For statistical purposes to improve this Website;
- Other use by Us to which You agree when asked on this Website.
When You register on this Website, We give You the option to receive news, updates and our e-newsletter via email. If You indicate that You agree to be contacted by Us by these means, You may subsequently unsubscribe from Our contact list at any time, by emailing us at firstname.lastname@example.org to request this, or by following the "unsubscribe" directions given in any email received from Us. You can also amend Your account profile at any time by signing in and going to "My account".
SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of Our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at Your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Art on Attire™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any products procured using the Service, or for any other claim related in any way to Your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Limitation of our liability in respect of your use of our site
We only provide Our Site for private and domestic use to consumers, not for Your business use. You agree not to use Our Site for any commercial or business purposes, and We have no liability to you for any loss of any business of Yours. (This includes our not being liable to you in contract, tort, or otherwise for the following types of loss and damage, arising under or in connection with use of, or inability to use our site, or reliance on or use of any content displayed on our site:
- loss of profit, sales, revenue or business;
- loss of anticipated savings;
- business interruption;
- waste of management or office time;
- loss of business opportunity, reputation or goodwill;
- loss of data
- any other indirect or consequential damage or loss).
We do not guarantee the confidentiality or security of any electronic communications, as the security of communications sent over the Internet (including by e-mail) is subject to many factors outside of Our control. We are not liable for Your inability to access or connect to Our Site, which may result from any errors, faults or problems relating to Your PC software, hardware, security or network, or your Internet service provider or any other similar problem. We are not responsible for the content of websites linked to Our Site. Such links should not be viewed as our endorsement of those linked sites. We do not control those sites, and will not be liable for any damage or loss that may arise from Your using them.
Nothing in these Conditions shall limit Our liability for death or personal injury resulting from Our negligence, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal for Us to exclude, or attempt to exclude Our liability.
SECTION 20 - INDEMNIFICATION/ GENERAL INDEMNITY
You agree to indemnify, defend and hold harmless Art on Attire™ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 21 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 - GOVERNING LAW/ APPLICABLE LAW
These Terms of Service, any separate agreements whereby we provide you Services and any claim or dispute arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by and construed in accordance with the laws of Great Britain (English law). If you are a consumer, your use of our site will be governed by English law. If, however, you are not resident in England, then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
SECTION 25 - LANGUAGE
The contract will be concluded in English.
SECTION 26 - OUR RIGHTS
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 - CONTACT INFORMATION
If you want to contact us in respect of our Terms of Service, our website or our products, please contact us at email@example.com. Thank you for visiting our site.