Connect with us

Your Basket Login

Not registered? Sign Up Now

Terms of Use

INTRODUCTION

This Website (the “Website”) is operated by The Artful Project Limited (referred to as "Artful/we/our/us"). As user of this Website (referred to as "you/your") you acknowledge that any use of this Website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important sections of the Website referred to herein). In addition, you will find other useful information within our Website. We amend these Terms from time to time as set out in clause 8 in Part A below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. If you do not agree to these terms and conditions please do not register. These Terms were most recently updated on July 3rd 2013.

1. INFORMATION ABOUT US

1.1 We operate the website www.theartfulproject.com. We areThe Artful Project Limited., a company registered in England and Wales under company number 8460692 and with our registered office 8th Floor, Aldwych House, 81 Aldwych, London WC2B 4HN. Our VAT No. is 160 7182 22. To contact us, please visit our ‘Contact us’ page or email us: help@theartfulproject.com

2. THE PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only.

2.2 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. HOW WE USE YOUR PERSONAL INFORMATION

3.1 We only use your personal information in accordance with our Privacy Policy which is detailed on our website. Please take the time to read these, as they include important terms which apply to you.

4. Consumer terms and rights

4.1 You may only purchase Products from our site if you are at least 18 years old.

4.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.

4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 For the steps you need to take to place an order on our site, please see our FAQs section.

5.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.4.

5.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5.6 We may decline to supply the products to you without giving any reason. We are entitled to withdraw from any contract in the case of errors or inaccuracies regarding the products or the order appearing on the Website.

6. OUR RIGHT TO VARY THESE TERMS

6.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.

6.2 Every time you order Products from our site, the Terms in force at that time will apply to the Contract.

6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7. YOUR CANCELLATION AND REFUND RIGHTS

7.1 Every effort will be made to deliver the products within the time periods specified above. If we are unable to deliver the products within 30 days of receiving your order, we will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from your credit card for the products.

7.2 You may cancel your contract with us at any time up to the end of seven working days after the date of delivery provided you notify us or have returned the products to us within that time.  Except in cases of faulty, damaged or wrongly supplied products you shall be responsible for the cost of returning products for refund or exchange and we will not refund the delivery charge for sending the item to you. The products must be returned to the address shown below by registered post in the existing packaging in an unused and otherwise re-saleable condition. You must take reasonable care to ensure the products are not damaged whilst in your possession or in transit. Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the products provided we have received the products back.

7.3 This cancellation right does not apply in the case of any made-to-measure or custom-made products.

7.4 To cancel a Contract, you must contact us in writing by sending an e-mail to help@theartfulproject.com. You may wish to keep a copy of your cancellation notification for your own records.

7.5 If you have returned the Products to us under this clause 7 because they are damaged or mis-described, we will refund the price of a defective Product in full, and any applicable delivery charges.

7.6 We will refund you on the credit card or debit card used by you to pay.

7.7 If the Products were delivered to you: a) you must return the Products according to the instructions from the The Artful Project Customer Services team as soon as is reasonably practicable in its original packaging and including any certificates and additional enclosed items; b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

7.8 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 7 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

8. DELIVERY

8.1 Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control, and we will provide you with a tracking number once the Products have been shipped. If we are unable to fulfil delivery because of an Event Outside Control, we will contact you.

8.2 The products you order will be delivered to the address you give when you place your order, subject to confirmation of your order by us.

8.3 Delivery charges and estimated timescales are specified in the “Shipping” section and also when you order. All art works ordered from us shall be sent to you via a secure courier service. We make every effort to deliver products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall endeavour to deliver unframed editions within the UK and EU within 10 days after receiving payment from you and outside the EU within 21 days of receiving your payment or within such other period indicated at the time you place your order.  We shall be under no liability for any delay or failure to deliver the products within estimated timescales.

8.3 Risk of loss and damage of products passes to you on the date when the products are delivered and signed for or on the date of first attempted delivery by us.

8.4 You own the Products once we have received payment in full, including all applicable delivery charges.

9. INTERNATIONAL DELIVERY

9.1 We currently ship to the following countries:

UK
United States
Canada
Austria
Belgium
Germany
Denmark
Spain
Finland
France
Italy
Holland
Sweden

If you wish to have a Product delivered to a country that we currently do not ship to, please contact: help@theartfulproject.com. However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

10. PRICE OF PRODUCTS AND DELIVERY CHARGES

10.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 5.5 for what happens in this event.

10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the Delivery Charges section in our FAQs page.

10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

11. PAYMENT

11.1 Payment can be made by any method specified on the Website.

11.2 Payment for the Products and all applicable delivery charges is in advance.

11.3 Title to any products you order on this Website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

11.4 All prices are shown in Pounds Stirling and include VAT (where applicable) or any other applicable sales tax and exclude delivery charges, unless expressly stated otherwise.

11.5 Prices and delivery charges are subject to change without notice.

11.6 Authority for payment must be given at the time of placing your order.

12. OUR WARRANTY FOR THE PRODUCTS

12.1 We provide a warranty that on delivery and for a period of [12] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 13.2.

12.2 The warranty in clause 12.1 does not apply to any defect in the Products arising from: a) fair wear and tear; b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.

13. EVENTS OUTSIDE CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 13.2.

13.2 An Event Outside Control means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.3 If an Event Outside Control takes place that affects the performance of the obligations: a) you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, a new delivery date will be arranged with you after the Event Outside Control is over.

14. Intellectual Property

14.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights without limitation in the products, Website design, text, graphics, images, the selection and arrangement thereof and all software compilations, underlying source code including applets and in all other materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Copying or storing the contents of the Website is prohibited. All rights expressly reserved.

14.2 You acknowledge and agree that the material and content contained within this Website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Website for the purchase of products. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

15. Liability and Indemnity

15.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

15.2 Although we will use reasonable endeavours to verify the accuracy of any information on the site we make no warranties whether express or implied in relation to its accuracy.  The site is provided on an “as is” and “as available” basis and we make no representation or warranty of any kind expressed or implied regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website.  We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information on the site.

15.3 Subject to Section 15.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 7 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

15.4 Subject to Section 15.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

15.5 Notwithstanding the above, subject to Section 15.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

15.6 This clause 15 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

15.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

15.8 If the products supplied to you are in any way defective or you have any other complaint about the products, you should contact The Artful Project immediately by post or email in accordance with our contact details.

15.9 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

16. Privacy Statement

16.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all and future applicable UK Data Protection and consumer legislation. 

16.2 When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

16.3 You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.

16.4 We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, will be held in accordance with any registration we may be required to make with the Data Commissioner's Office. We use your information for:

- Processing your orders
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content and advertisements to you;
- To administer this Website;
- If you consent, to notify you of products or special offers that may be of interest to you.

16.5 You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

16.6 When you create a shopping account while ordering online you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word "unsubscribe" in the subject line, by e-mailing us at unsubscribe@theartfulproject.com or telephoning us on +44 (0)20 435 7070.

16.7 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.

16.8 We may use cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website for shopping purposes, only for browsing and research.

If you'd like to opt out of cookies, please go to the Network Advertising Initiative website (opens in a new window - please note that we're not responsible for the content of external websites).

16.9 Please check back frequently to see any updates or changes to our privacy policy. Questions regarding this Policy should be directed to the Contact details.

17. OTHER IMPORTANT TERMS

17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17.6 These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

18. GENERAL QUERIES AND COMPLAINTS

18.1 Please contact us at: help@theartfulproject.com directly for all queries, complaints and issues that relate to the Supplier’s orders, unless described otherwise in these Terms. 

Magazine

Find Us

Like Us