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TERMS & CONDITIONS

These are the Standard Terms and conditions of Sale of Artiv8 LLC (Artiv8 SARL; CHE-370.311.211) for products offered for sale on the pages on the Artiv8 website ("the Goods"). Subject to Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax (where applicable) is set out on the Order Form.

 

In accordance with the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have the right to withdraw from this transaction. Details of your right to withdraw from can be found in Clause 9 below.

 

These conditions describe the basis for purchase by you and sale by Us, on behalf of the artist, of the art described on this website.


1. Interpretation

 

1. In these conditions:

 

i. 'Conditions' means the standard Terms and conditions of sale set out in this document;

 

ii. 'Contract' means the contract for the sale of the Goods;

 

iii. 'Payment Card' means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods;

 

iv. 'Delivery Area' means the geographic area from where We accept an Order for Goods which you have ordered from our Web Site in accordance with these conditions;

 

v. 'Information System' means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

 

vi. 'Order' means any order placed by you with Us for the supply of Goods;

 

vii. 'Order Form' means the electronic order form completed and submitted electronically by you;

 

viii. 'Regulations' means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations;

 

ix. 'Web Site' our presence on the World Wide Web, currently accessible via the address www.artiv8.com


2. A reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.

 

3. Unless the context otherwise requires:

 

i. words importing the singular shall include the plural and vice versa;

 

ii. words importing the masculine gender shall include the feminine gender and vice versa;

 

iii. references to persons shall include bodies of persons whether corporate or incorporate.

 

4. Unless the context otherwise requires references to clauses shall be construed as references to clauses of these conditions.

 

5. Headings are inserted for convenience only and shall not affect the construction or interpretation of these conditions.

 

2. Basis of the sale

 

1. We shall sell to you and you shall purchase only those Goods which you have set out in an Order and which have been accepted by Us. We reserve the right to reject any Order.

 

Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.

 

2. No Order submitted by you shall be deemed to be accepted by Us unless and until confirmed by e-mail or in writing by Us.

 

3. No variation to these conditions shall be binding upon Us unless and until agreed by e-mail or in writing by Us.

 

4. Any error or omission in any information or document issued by Us shall be subject to correction provided that the correction does not materially affect the contract.

 

3. Orders

 

1. The quantity, quality and description of the Goods will be those set out in your Order.

 

2. Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the Order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.

 

3. You or We are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the description of the Goods appearing on our website.

 

4. You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its terms.

 

5. The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.

 

6. We reserve the right to make changes in the specification of the Goods required to conform with any applicable statutory requirements.

 

4. Price of the goods

 

1. The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on the Website provided that if We accept an Order from you the price for the goods will be the price set out in the Order.

 

2. If the price of the Goods increases between the date We accept your Order and the delivery date, We will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you have the right to cancel the Order.

 

3. The price of the Goods does not include insured postage or packaging. There will be additional charges made relative to the size and amount of Goods insured for postage and packaging. These charges will be notified to you at the time of the Order.

 

4. The total price is exclusive of taxes due upon arrival in your own country and by arrangement with your own tax authority.

 

5. Terms of payment

 

1. Upon providing Us with details of the Payment Card and submitting the Order you:

 

i. confirm and undertake that the information contained within the Order is true and accurate and that you are authorized to use the Payment Card; and

 

ii. authorize Us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to Us under the Contract.

 

2. If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, We have the right to cancel the Order or suspend any further deliveries to you. This does not affect any other rights We may have.

 

3. Where Goods are returned by you in accordance with your rights under the provisions of
Clause 9, We shall credit the Payment Card with the appropriate amount.

 

4. We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence. We will not be liable for any direct, indirect, consequential or any other losses, damage or expense you may suffer. In the event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.

 

6. Delivery

 

1. Delivery of the Goods shall be made by Us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when We deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our liability for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.

 

2. We will do all that We reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the Order date. We cannot be held responsible for delays beyond our control (such as customs delays). If We are unable to make the delivery date We will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the Order and receive a full refund.

 

3. If the Order is a multiple Order and We are unable to make delivery of the whole Order but are able to deliver part of the Order We will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in installments. Each delivery shall constitute a separate contract and any failure by Us to deliver any one or more of the installments in accordance with these conditions, or any claim by you in respect of any one or more installments will not entitle you to treat the contract as a whole as repudiated.

 

4. If We fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.

 

5. Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If canceled We will refund you any monies already paid by you and any reasonable return costs incurred by you.

 

7. Risk and Title

 

1. As soon as We have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date We agree to deliver them, as set out in the contract.

 

2. Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the title in the Goods shall not pass to you until We have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for immediate resale.

 

8. Warranties and liability

 

1. Terms and conditions of this contract do not affect any rights you may have under a manufacturer's warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.

 

2. As a consumer you have statutory rights regarding the return of defective Goods and claims
in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.

 

9. IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS

 

1. You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to Us within 5 days from the date of delivery.

 

2. Where a valid claim in respect of Goods delivered is notified to Us within 5 days of the delivery date, you are entitled to reject the Goods and receive a full refund or have the Goods (or the part in question) replaced free of charge (if they are capable of replacement) less taxation and delivery.

 

3. Where a claim is made after 5 days of delivery or exceeding a reasonable time of discovery, We shall be entitled to either replace the Goods (or the part in question, if capable of replacement) free of charge or at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) less delivery and taxes and We shall have no further liability to you.

 

4. Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition.

 

5. Except in respect of death or personal injury caused by our negligence We will not be liable under this contract for any loss or damage caused by Us or our artists in circumstances where:

 

i. there is no breach of a legal duty of care owed to you by Us or by any of our employees or agents;

 

ii. such loss or damage is not a reasonably foreseeable result of any such breach;

 

iii. any increase in loss or damage resulting from breach by you of any term of this contract.

 

6. In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits, indirect or consequential loss or other economic loss arising out of a breach of this agreement can be accepted.

 

7. Subject to our obligations, and your rights under the Regulations, We shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.

 

8. We assume no responsibility for the contents of any other web sites to which this Web Site has links.

 

10. Right to Cancel

 

1. There is no cooling off period for orders made.

 

2. The right to cancel this contract will not apply in respect of personalised Goods or Goods made to your specification.

 

3. In the event that We supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by Us.

 

11. Communications

 

1. Any communication sent electronically by e-mail or otherwise:

 

i. will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;

 

ii. will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;

 

iii. will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;

 

iv. will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.


2. To protect your own interests you should ask for a delivery receipt for any such electronic communication and retain a hard copy of that delivery receipt and the original correspondence.

 

12. General

 

1. Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.

 

2. The clauses of these conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.

 

3. No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement.

 

4. If any provision of these conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

 

5. We will try and solve any disagreements quickly and efficiently. If you are not happy with the way We deal with any disagreement and you want to take court proceedings you must do so in the courts of Switzerland.