These terms and conditions relate to goods which you offer to purchase from the ACEarts online store. Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our on-line facilities. They do not affect your statutory rights. We will be unable to process any offer to purchase goods until you have clicked on the .check out now. button.
If there is anything you do not understand, please feel free to e-mail us at firstname.lastname@example.org or phone us on 01458 273008.
1.2 By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 9 (limited right to cancel), 13 (limitation of liability) and 14 (indemnity).
1.3 You must be 16 years or older. By clicking on the check out now button, you confirm to us that you are at least 16 years of age.
1.4 We may change these terms and conditions at any time. Any changes will take effect on the date they are posted onto the site (see date above) and we are not under any obligation to notify you of such changes. You will be asked to read and accept the terms and conditions each time you place an order, to ensure that you are familiar with the most current ones.
In these terms and conditions:- "Commencement Date" means the date when our agreement with you is concluded (see clause 3.3); "Confirmation Form" means the form sent by us to you by email within 24 hours after you have placed an order, confirming details of the Goods which you have offered to purchase and whether we agree to accept your offer and supply the Goods to you; "Consumer" means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession; "Distance Selling Regulations" means The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No. 2334) which concern the protection of consumers in respect of distance contracts for goods and services, where the contract is made without any face to face contact between supplier and consumer. "Goods" means the goods to be provided by us to you, and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website. "Order Form" means the form completed by you online and showing details of the goods which you have offered to purchase from us; "Service" means the provision of Goods by us to you; "we/us/our" refers to ACEarts, and having our registered office at The Old Town Hall, Market Place, Somerton, Somerset TA117NB "you/yours" refers to you, the person offering to purchase goods from us.
3. Your agreement with us
3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3.3 The Agreement is concluded only when we have accepted your order by sending you a Confirmation email (with the date of conclusion of the Agreement being the date shown on that Confirmation email). The technical steps required to conclude a contract for the Service comprise: (i) Step 1: Order form You must complete the Order Form offering to purchase Goods from us completely and accurately and submit this to us by [clicking on the button marked "Check out now" (ii) Step 2: Confirmation form We shall issue you with a Confirmation email within 24 hours after we receive your offer: where this states that we accept your offer to purchase Goods, formation of the contract for the service is complete.
4.1 Payment can be made using any of the methods listed in Clause 6 below and will be debited when we have accepted your offer to purchase.
4.2 All prices are quoted in UK pounds Sterling and include VAT where applicable but exclude delivery charges (the delivery charge will be that shown on the payment confirmation section of the ACEarts online shop at the time you place your order.)
4.3 Our acceptance of your offer to purchase Goods is subject to their availability. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund of any prepayments will be given.
4.4 Prices, offers and products are subject to availability and may change before (but not after) we accept your order.
4.5 Every effort has been made to ensure the descriptions, price of goods and delivery charges are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description, price or delivery charge, or (ii) retracting your offer to purchase and receiving a full refund of any prepayments.
4.6 All contracts in relation to the Service shall be concluded in English.
5.1 All deliveries are subject to stock availability and authorisation of your payment.
5.2 We shall endeavour to deliver the Goods you have offered to purchase within 2 weeks (excluding public holidays) after we receive your offer. If there are any delays we will notify you of such delay as soon as possible. If we cannot supply you with the Goods you have ordered within 30 days of the date you sent your offer to purchase the Goods to us, we shall inform you and you shall have the option of either accepting a later delivery date or cancelling the Agreement and accepting a refund of any prepayments.
5.3 We can deliver to selected worldwide addresses. For this reason, the delivery charge is calculated at payment confirmation stage, once the delivery address has been registered. This will before for standard delivery. Should you wish you order to be sent to you as Tracked and Signed for, please contact us via email and we will invoice you for the additional cost.
5.4 Your order will be delivered to the address which is listed in the "delivery address" section.
5.5 In addition to the price, delivery charges may be payable by you. The delivery charge will be that shown on the Order Form section of the ACEarts website at the time you place your order. If there is any change in the delivery charge payable we will endeavour to notify you before your order is accepted by us and ask you to confirm that you wish to proceed with your order.
5.6 We can only deliver the goods to you during office hours, Monday to Friday. We are unable to specify the time at which the goods will be delivered to you.
5.7 If you do not accept delivery of Goods ordered by you within two weeks of our first attempt to deliver the Goods to you, we reserve the right to charge you for any consequential storage costs reasonably incurred by us. 5.8 A signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you.
6.1 We accept the following methods of payment: -
Paypal - secure transaction portal
We accept the following cards: Visa, Solo, Mastercard, Visa Electron, Maestro and Switch
6.2 Payment may be made by any of the methods above and will be debited when we accept your offer. The total amount you pay is the same, regardless of the payment method you use.
6.3 We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.
Our prices include VAT where applicable.
Distance selling regulations
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the Agreement with us. This information appears throughout these Terms and Conditions.
Your right to cancel this agreement
Important: This clause 9 contains provisions which limit your rights to cancel the agreement after the commencement date. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause. All goods available from our website are made specifically to your specification. Under the Distance Selling Regulations, you do not have a right to cancel this Agreement after the Commencement Date, except where the Goods are defective or we are at serious fault.
10. Our right to cancel this agreement If for reasons beyond our reasonable control, including but not limited to fire, floods, storm, plant breakdown, lock-outs, riots, industrial action which prevents entry to premises, hostilities, non-availability of materials or supplies, we are unable to supply the goods to you, we may cancel the Agreement at any time before the goods are delivered by giving notice to you. We shall promptly repay to you any sums paid by you or on your behalf under or in relation to the Agreement.
11. Errors made by you & withdrawal of your offer
If you wish to withdraw your offer to purchase goods from us prior to
the issue of the Confirmation Form, you must notify us of this fact
in writing. Full contact details are set out in Clause 16
11.2 If you wish to correct an error made by you in your offer to purchase goods from us, you must notify us of this fact in writing as soon as possible. Full contact details are set out in Clause 16 below.
This returns policy does not affect your legal rights
12.1 If you believe that the Goods may be faulty, misdescribed, incorrect or damaged on delivery, please contact us by telephone, e-mail, or in writing giving a full account of the alleged defect. If it appears to us from your report that the Goods are defective, we would ask you to send the items back to us in their original packaging and we will reimburse you the cost of the postage.
12.2 We reserve the right to inspect the goods and to verify that the Goods are defective and those defects are attributable to the Goods supplied as claimed by you. If it does not appear to us that the Goods returned to us are faulty, incorrect, misdescribed or were damaged on delivery to you, we shall return the Goods to you and you shall be charged for the reasonable cost for return postage and re-delivery. If you do not accept re-delivery of Goods returned to you hereunder, we reserve the right to charge you for any consequential storage costs reasonably incurred by us.
12.3 If it appears to us that Goods returned to us are indeed defective, we shall, at your option: - (i) deliver replacement Goods of similar quality and specification, free of charge, provided that the Goods have not been modified or subject to misuse or negligence. (ii) arrange for a full refund of any prepayments by crediting your debit or credit card used to make the original payment within 30 days of you giving notice of rejection, provided that the Goods were faulty, misdescribed, incorrect or damaged on delivery and have not been subsequently modified or subject to mis-use or negligence. A refund of any monies paid will be made only for the goods made available to us for collection.
12.4 We require that all Goods being returned are securely packed and suitably boxed. We recommend that the original packaging is used where possible. We cannot provide additional packaging or boxes for any returning items. 13 Limitation of liability Important: This clause 13 contains provisions which restrict the extent to which we are liable to you for any loss you may suffer in connection with the goods. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause.
13.1 Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
13.2 Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
13.3 We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
13.4 All conditions, terms, representations relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
13.5 Every provision of this clause 13 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
Indemnity (liability passed to you)
Important: In this clause 14 you agree that you will be liable for any loss we (or certain people connected with us) suffer as a result of breach of the agreement by you or by certain people connected with you. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause. You agree that you shall be liable for any foreseeable and reasonable costs incurred by us in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees incurred in defending any action or otherwise) sustained or incurred by us, suppliers, our customers, and employees, and arising as a result of breach by you of this Agreement.
15.1 We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website. The Confirmation Form is conclusive as to the prices, delivery charges. Although every effort is made to ensure complete accuracy, some prices, delivery charges or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
15.2 We and our suppliers own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited. You may not create any link to this website without our prior written consent, nor may you restrict or inhibit the use or enjoyment of it by anyone else.
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 01458 273008, or e-mail us at email@example.com or write to us at: ACEarts, Market Place, Somerton, Somerset TA117NB.
We shall respond to any communication received by us as quickly as we can.
Law and jurisdictions
The Agreement shall be governed by and construed in accordance with Scots law and you agree to submit to the non-exclusive jurisdiction of the Scottish courts. You are responsible for compliance with any applicable laws of the country from which you access our website.