Terms & Conditions
1.Terms & Conditions
- Access to the Site, and sales of all Goods are on these Terms & Conditions to the exclusion of all other terms and conditions.
1.2 We reserve the right to update these Terms & Conditions from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible in respect of any subsequent Order you may complete. We recommend that you review these Terms & Conditions from time to time and in any event, before every purchase of Goods that you make. These Terms affect your legal rights and obligations so please read them carefully.
- You may only order Goods online as a consumer. If you are a business wishing to purchase Goods for commercial re-sale or otherwise, please contact us on firstname.lastname@example.org
In these Terms & Conditions, the following words have the following meanings:
2.1 Goods: the goods identified in the Order;
2.2 IP Rights:patents, copyright, database rights, registered and unregistered design rights, trade marks and all other intellectual property rights that may exist anywhere in the world;
2.3 Order: the order you have made through the Site;
2.4 Price: the price for the Goods;
2.5 Site: the website operated by us;
2.6 we, us: Artementae Ltd of 84 Sedgmoor Place, London SE5 7SE; and
2.7 you: the purchaser identified in the Order.
3.1 All Goods are subject to availability. We will inform you as soon as possible if the Goods ordered are not available and we may offer an alternative Good of equal or higher quality and value or provide a refund for sums paid.
3.2 You may only purchase Goods from us if you are at least 18 years old or if you are under 18 you must have the consent of your parent or guardian. At our request, you shall provide documentary evidence of your age.
3.3 We deliver worldwide however reserve the right to cancel the sale for remote destinations.
3.4 The Goods on delivery to you shall be of satisfactory quality, comply with their description and fit for their purpose. However, please note that whilst we try to display the colours of the Goods accurately, the actual colours you see will depend on your device and we cannot guarantee that your device's display of any colour will accurately reflect the colour of the Good on delivery. In addition, some of the Goods are handmade and accordingly, there may be a slight variance in the size, dimensions, measurements and weight between the Goods you receive and the description on the Site.
3.5Our Goods include painted and decorated parts. These parts are small, and may therefore appeal to children.Please be very careful to keep the Goods out of reach of children because the small parts could be a choking hazard.
3.6 Packaging may vary from that shown on the Site.
4. Price, Delivery
4.1 You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement Goods if we have delivered the Goods to the address you provided to us – even if you have not given us your correct address.
4.2 We must receive payment of the whole of the Price for the Goods that you order and the delivery costs before your Order can be accepted. Payment is to be made by debit or credit card, Apple Pay, PayPal or Google Pay. We are not liable for the failure or other acts or omissions of any third party payment system or provider.
4.3 Your Order constitutes an offer to purchase products from us, and does not form a binding contract until accepted by us. On receipt of your Order, we will send you an order acknowledgement email to the email address provided by you in the order process. This order acknowledgement email will contain your Order number and details of the Goods ordered. This email is an acknowledgement of receipt of your Order. It is not an acceptance by us of any offer to purchase Goods.
4.4 An offer made by you to purchase Goods shall be accepted by us only when we dispatch the Goods to you and send you an order dispatch email that includes details of the Goods. We reserve the right to refuse any Order before acceptance. If any Goods are not available we will include details of the unavailable Goods in the order dispatch email.
4.5 The Prices payable for Goods and delivery costs are set out on the Site. We reserve the right to change the Price and delivery costs at any time, although such changes shall not apply to an Order accepted by us.
4.6 We will use all reasonable endeavours to deliver the Goods in accordance with the delivery timescale you select. If you do not receive the Goods within such timescale, you should notify us accordingly. If we are unable to deliver the Goods within 30 days, we shall contact you to discuss delivery of the Goods and if you wish, we shall cancel your Order and refund all sums paid.
4.7 Goods for delivery outside of the United Kingdom may be subject to additional charges such as import duties and taxes, which are levied once the Goods reach the specified destination. We have no control over these charges and cannot predict what they may be. You are responsible for such charges and so we recommend that you contact the local customs office for further information as to the amount of such charges (if any).Please also note that Goods for delivery overseas may be opened and inspected by customs authorities.
5. Right to Cancel
5.1 Subject to Condition 5.5, you may cancel your contract with us for the Goods by contacting us on email@example.com within 14 days from the date you receive the Goods, clearly stating the following: your name, geographical address, your phone number,email address and full details of the Order you wish to cancel.
- If you do cancel your contract, you must take reasonable care of the Goods whilst they are in your possession. You must return the Goods to us within 14 days of the notice to cancel, and you must return the Goods to us at your own cost and risk with the original packaging and labels attached. We strongly recommend that you send the Goods back to us via a recorded post service and obtain a certificate of posting. Please also make sure you package the Goods appropriately to avoid damage.
- We will refund any sums paid for the Goods returned and, if you return the whole (not part) of the Order, we will refund the delivery costs you paid (if any) up to the price of standard delivery. We will refund you using the same means of payment that you used to purchase the Goods.
- If you do not return all of the Goods that you have cancelled, or you do not pay the costs of returning them to us, or the Goods are damaged during the course of returning the Goods, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Goods or to reflect the loss or damage to the Goods.
- The provisions of Conditions 5.1 to 5.4 do not apply to the following Goods (a) Goods which are clearly personalised; and (b) sealed Goods which are not suitable for return due to health protection or hygiene reasons if you unseal them, including earrings.
- The provisions of this Condition 5 do not affect your consumer statutory rights. If the Goods we deliver are not what you ordered or are damaged or defective, please let us know and we will either (a) replace any Goods that are damaged or defective; or (b) refund to you the amount paid by you for the Goods in question. You must return the Goods to us or make the Goods available for collection in accordance with our reasonable request as soon as possible after informing us that the Goods are damaged or have been incorrectly supplied. You should also send us appropriate evidence, including photographs, of any damaged or defective Goods if we ask you to do so.
6. Cancellation by us
- We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the Goods you have ordered; (b) we do not deliver Goods to your delivery address; (c) we cannot obtain authorisation for your payment; (d) we cannot verify that you are aged 18 or over; and/or (e) one or more of the Goods you ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received by us from our suppliers.
- If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the Order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Use of the Site
7.1 If you choose to set up an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. However, you can order Goods and check out as a guest.
7.2 Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you have provided to us.
7.3 The Site is made for your own use. You agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
7.4 The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved. We have used reasonable endeavours to prepare the content of the Site, however, any representations, warranties or conditions of any kind in relation to the Site and its content are hereby expressly excluded to the maximum extent permitted by law.
7.5 The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
7.6 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7.7 We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any Goods, content or features from the Site for any reason.
- Our Liability
- We shall have no additional liability to you for any failure to deliver Goods or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- Our liability to you in relation to your Goods shall be limited to loss or damage that is foreseeable result of our breach of these Terms or our failure to take reasonable skill and care. This includes the following (a) to make good any shortage or non-delivery of the Goods; (b) to replace any Goods that do not match the Order or are otherwise defective; or (c) to refund to you the amount paid by you for the Goods in question in whatever way we choose.
- We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Nothing in these Terms & Conditions is intended to limit any rights or remedies that you might have as a consumer under applicable local law or other statutory rights, for fraud, death or personal injury or other loss that may not be excluded or limited by English law. For further information about your legal rights in the UK, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
9.1 These Terms & Conditions (as amended from time to time) constitute the entire agreement between you and us concerning your use of the Site and the sale, delivery and return of Goods.
9.2 If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.3 Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
9.4 If you have any complaint or wish to raise a dispute in relation to the Site and/or the sale, delivery and return of Goods please follow this link http://ec.europa.eu/odr
9.6 We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
9.7 These Terms & Conditions shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
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Last updated: July 2020