Conditions of Use
TERMS & CONDITIONS
The Site is owned by Tereza Barnard Fine art. Tereza Barnard Fine Art and any of their contractors, affiliates and partners involved in providing the Site or the Services are referred to in this User Agreement as "we", "us" or "our". You are referred to in this User Agreement as "you" or a "User". Please read the User Agreement carefully. If you have any queries regarding the User Agreement please email us at firstname.lastname@example.org.
Tereza Barnard Fine Art reserves the right to make changes to the tereza-barnard-fine-art.myshopify.com/ site or the terms and conditions at any time. If you do not agree to these terms and conditions then do not register or use the Site.
1. Data Protection
2. Use of the Website
3. Placing an Order
4. Accuracy of Information
6. Returns & Cancellations
7. Liability & Indemnity
8. Intellectual Property
10. Governing Law
11. Your Concerns, Complaints & Notices
12. Entire Agreement
1. DATA PROTECTION
1.1 We will not pass on your personal details to other companies for marketing purposes. We will keep a record of your contact details primarily to fulfil any order that you place and to exchange communications with you about your orders if necessary. With your permission we may also send you news of offers and promotions run or sanctioned by Tereza Barnard Fine Art.
2. USE OF THE WEBSITE
2.1 By viewing the Site or registering as a Registered User you will be deemed to have accepted the User Agreement insofar as it applies to such use. If you do not accept the same, you must immediately stop using the Site. If you would like to order products through the Site you will be required to click on the button marked "I Accept" at the end of these General Terms and Conditions in order to do so.
2.2 By placing an order for products through the Site as an individual, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
2.3 By placing an order for products through the Site as a business entity, you warrant and represent that you have the authority to legally bind that entity.
2.4 You warrant that all data provided by you on the Site is honest, truthful and accurate.
2.5 If you have an account on the site and you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party or allow any third party to access or use your Registered User account except, if you are a business entity, to your authorised representatives. You will be responsible and liable for any activity carried out on the Site under the use of your user identification code or password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the User Agreement or if the Site becomes unavailable for any reason. You will immediately notify us of any unauthorised use of your password or account or any other breach of security.
2.6 You will inform us immediately of any changes to the information that you provide in any application to become a Registered User.
2.7 You may terminate your Registered User account at any time by sending a notice to us at email@example.com. Account closure cannot be made retrospectively.
2.8 These terms shall remain in effect after you cease to use the Site and/or termination of the User Agreement
2.9 We may at our option terminate or restrict your access to the Site or some or all of the Services without prior notice to you in the following circumstances:
(a) where we consider (in our sole discretion) that you are abusing the Site, the Services or other members or Users or where you are acting in breach of the User Agreement;
(b) where there is a regulatory or statutory change limiting the ability to provide access to the Site or the Services; or
(c) where there is an event beyond our reasonable control preventing us from providing access to the Site or the Services.
2.10 We will not be liable or responsible for any delay or failure to perform our obligations under the User Agreement that is caused by events outside of our reasonable control.
3. PLACING AN ORDER
3.1 When you place an order to purchase a product from the Site, we will send you an e-mail confirming receipt of your order and containing the details of your order. This order acknowledgement email is not an acceptance of the order by us and does not guarantee the fulfilment of the order.
3.2 If there are any problems or difficulties with your order at this stage then a member of the team will contact you to explain the issue and seek a resolution.
3.3 All goods are supplied subject to availability.
3.4 No contract of sale of any product will subsist between you and us until the product(s) ordered have been dispatched. We will send a confirmation email when the goods have left us. This confirmation email constitutes an acceptance by us of your offer to buy goods.
3.5 We may decline to supply the products to you without giving any reason. We are entitled to withdraw from any contract in cases of errors of errors or inaccuracies regarding the information appearing on the website or in the order.
4. ACCURACY OF INFORMATION
4.1 We seek to ensure that all information, including prices, on the site is accurate. However, errors and discrepancies can occur. If we discover any errors in the price of goods, we will notify you as soon as possible and give you the option to resubmit your order at the correct price or to cancel the order. If we are unsuccessful in contacting you then we will consider the order cancelled and you will receive a full refund.
5.1 Goods will be sent to the address provided by you online as the delivery address and included in the order acknowledgment email. Deliveries will be despatch only after payment has cleared.
5.2 Estimated timescales for deliveries may be found in the shipping information section. We make every effort to deliver to these timescales but delays can occur for a variety of reasons. We shall be under no liability for any delay or failure to deliver products within estimated timescales.
5.3 Risk of loss and damage passes to you on the date when the products are delivered to you.
5.4 On receipt of the products you must inspect the products and you will have been deemed to have accepted the products unless you notify us that you have cancelled the order and / or you return the products in accordance with the terms of the 'returns and cancellations' section below. Your statutory rights are not affected.
6. RETURNS & CANCELLATIONS
6.1 For all products except works of art / limited editions:
We want you to be completely happy with any product purchased through the Site. You can return any unused product to us within 28 days of receiving it, and a refund or replacement will be issued to you within 28 days of receipt of the returned product. If you are not happy with your purchase, if it is defective, gets damaged in transit, or if it becomes faulty, please email us at firstname.lastname@example.org and we shall provide you with details on how to return it. If you order a product as a consumer and cancel your contract with us within seven working days beginning on the day after you receive the product, the cost of sending the product to you, but not your costs in returning it, will be refunded. If you return a product because it is defective, damaged in transit, incorrectly supplied or develops a fault, both the cost of sending the product to you and your costs in returning it will be refunded. In all other cases, you will need to cover the cost of returning the item. We strongly recommend you obtain proof of postage. We cannot accept responsibility for products lost in the post or damaged on their return journey. This does not affect your statutory rights.
6.2 For workshops:
Workshops are non-refundable 72 hours prior to their start unless we can fill your space. You will not be entitled to a refund nor will we offer a transfer of your booking or provide a credit note unless the space is filled. Friends and family may attend in your place for any course providing we have been given 24hrs notice before the course commences. Please provide us with the names and contact details of anyone attending in your place. Courses bought as gifts are subject to the same cancellation policy. All our Courses have a minimum attendance level and may be cancelled if too few bookings are received. We reserve the right to cancel or postpone workshops at any time.
Your place on the course is not confirmed and we have no obligation to you until full payment is received.
Most course fees do not include the cost of materials. If the fee does include all or some materials it will be stated on our website under workshop description. The list of materials that you need to bring with you will also be found there.
Disruptive behaviour: Abusive or inappropriate behaviour or language, threatening or disruptive behaviour towards staff or other students will result in you being removed from the workshop. Your payment will not be reimbursed in this event.
6.3 For works of art / limited editions:
You may cancel your contract with us at any time up to the end of fourteen days after the date of delivery provided you notify us or have returned the products to us within that time. Notification should be emailed through to email@example.com. Except in cases of faulty, damaged or wrongly supplied products you shall be responsible for the cost of returning products for refund or exchange. Where an item is being returned because it is faulty, damaged or has been incorrectly supplied then we will refund the cost of item, the original shipping cost for the item and the cost of the return postage (proof of cost is required).The products should be returned to the address shown below 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 from you. We very strongly advise that you use a registered postal service. We will not accept responsibility for editions that are not delivered back to us or are damaged in transit to us. Artist editions / limited editions should be returned to: Tereza Barnard Fine Art, 110 Ferry Hinksey Road, Oxford OX2 0BY
7. LIABILITY & INDEMNITY
7.1 Nothing in this User Agreement shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7.2 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 or viruses or bugs or represents the full functionality, accuracy and 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 in reliance on material or information on the site.
7.3 Other than expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out in the 'Returns & Cancellations' section of these Terms & Conditions, any indemnities, warranties, terms and conditions (express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 We will not be liable, in contract, tort, 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 or fiscal losses; 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.
7.5 You agree fully to indemnify, defend and hold us, and our 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 account or personal information.
8. INTELLECTUAL PROPERTY
8.1 All content included on the Website, including but not limited to products, images, website design, text, graphics, the arrangement thereof, all software compilations and source code, are the copyright or other intellectual property of Tereza Barnard Fine Art or of its content and technology providers. All rights reserved.
8.2 Personal permission is granted to registrants to electronically copy and to print hard copy portions of Tereza Barnard Fine Art Store for the sole purpose of facilitating the purchase of products from the site. Any other use of materials on the Tereza Barnard Art Store site, including reproduction for purposes other than those noted above, modification, distribution, or republication for commercial use or otherwise without the prior written permission of Tereza Barnard Fine Art, is strictly prohibited.
8.3 If you wish to reproduce any content for any other purposes including print, press, online use or broadcasting, then please direct your requests to firstname.lastname@example.org.
9.1 You may link to our home page, provided that in each case you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location to which you link complies in all respects with the User Agreement. Links to or from any other parts of the Site are not permitted without our prior written consent.
9.2 You must not:
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on the part of us without our prior written approval;
(b) establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or
(c) take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of the Site or the Services as seen by Users linking to the Site to be different from that seen by Users who access the Site by hand-entering the applicable URL into a generally commercially available non-customised browser. Without limitation to the foregoing, you must not frame any part of the Services on any other website.
9.3 If you wish to make any use of Content on the Site or if you wish to establish links other than as set out above, please address your request to email@example.com
9.4 We reserve the right to withdraw linking permission without notice at our sole discretion.
9.5 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We do not monitor those other sites or any of the resources provided by third parties and further we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9.6 You should also be aware that the User Agreement does not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.
9.7 These terms shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
10. GOVERNING LAW
10.1 The User Agreement and any dispute or claim arising out of or in connection with them or their subject matter of formation (including non-contractual disputes or claims) shall be governed, construed and enforced in accordance with the laws of England and Wales. You and Tereza Barnard Fine art agree to submit to the non-exclusive jurisdiction of the English Courts.
10.2 We make no guarantees or promises that the materials on the Tereza Barnard Fine Art Store site are appropriate for use in locations outside of the UK. If you choose to access this site from locations outside of the UK, you do so on your own initiative and are responsible for compliance with any local legislation.
11. YOUR CONCERNS, COMPLAINTS & NOTICES
11.1 If you have any concerns about Content which appears on the Site or complaints about or relating to the Site, the Services, or the products, please contact firstname.lastname@example.org
11.2 When using the Site you accept that any communications with us will be mainly electronic and you agree that such electronic communications will satisfy any legal requirement that such communications be in writing. Any notices to be given by either you or us pursuant to or in connection with the User Agreement shall be deemed sufficiently given by us to you when posted on the Site, forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given to us in your application to become a Registered User, or such other email address as you may later provide to us, and when given by you to us at the following e-mail address: email@example.com. Notice will be deemed received and properly served immediately when posted on the Site, or 24 hours after an e-mail or facsimile is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail or facsimile, that such e-mail or facsimile was sent to the specified e-mail address or fax number of the addressee.
12. ENTIRE AGREEMENT
12.1 These Terms, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Tereza Barnard Fine Art as to your use of the terezabarnard.com and Tereza Barnard Fine Art store website, superseding all prior or contemporaneous communications and/or proposals. These Terms are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
Tereza Barnard Fine Art
Registered Address: 110 Ferry Hinksey Road, Oxford, OX2 0BY