1.
Introduction
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 hello@acearts.co.uk 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.
2.
Definitions
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
3.1
It is our intention that all the terms of the contract between us and
you are contained in these terms and conditions, together with the
Order Form, Confirmation Form, and Privacy Policy and in any special
agreed terms that have been subsequently discussed, confirmed and
agreed in writing between you and us ("the Agreement"). We
accept responsibility under the Agreement for our commitments to
you.
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.
General
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.
4.7 Your data
protection rights are set out in our Privacy Policy.
5.
Delivery details
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.
Payment options
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.
7.
VAT
Our
prices include VAT where applicable.
8.
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.
9.
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
11.1
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
below.
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.
12
Returns policy
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.
14
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
Website content
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.
16.
Contact details
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 hello@acearts.co.uk
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.
17.
Law and jurisdictions
You are responsible for compliance with any
applicable laws of the country from which you access our website.
ACEarts Reg Charity no 1166886
Market Place
Somerton
Somerset
United Kingdom
TA117NB
01458 273008
hello@acearts.co.uk
