Terms & Conditions

Our website Terms and Conditions are below. Find out how we use information and also keep your details safe.

These are the Terms and Conditions between the user ("you") and Eardley Art ("EA", "we", "us"). Please read these Terms and Conditions carefully as they will govern your use of the EA website at www.eardleyart.co.uk, including any contracts for the supply of products or services you seek to enter into with us through the Site. Use of our Site includes accessing, browsing or registering to use our Site.

We recommend that you print a copy for your future reference.

Eardley Art is owned and operated by Andrea Eardley (“we”, ”us”, ”our”) and our place of business is at Courtyard Studio 3, Wilton Shopping Village, Wilton, Wiltshire, SP2 0BH, United Kingdom.

Acceptance of the Terms and Conditions

You acknowledge and agree to be legally bound by these Terms and Conditions (together with the documents referred to in them) when you use the Site. By accessing, using or purchasing a work on or through the Site you are indicating that you have read, understand and agree to be bound by these Terms and Conditions whether or not you have registered with the Site. If you disagree with any part of the Terms and Conditions, you may not access or use the Site in any way. We do not accept amendments to these Terms and Conditions. You agree to use and continue to use the Site and all services provided through it in a manner consistent with all applicable laws and regulations and in accordance with these Terms and Conditions.

If you agree and accept these Terms and Conditions on behalf of a Company or other legal entity, you represent and warrant that you have the authority to bind that Company or other legal entity to the Terms and Conditions and “you” and “your” will refer and apply to that Company or other legal entity.

Changes to the Terms and Conditions

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Eardley Art reserves the right to change or update these Terms and Conditions from time to time without prior notice to users. Any changes will take effect from the day they are first posted on the Site or notified to you, whichever is the sooner and are binding on you. The Terms and Conditions in force at the time of your access the Site will apply to you each time you access it.

Additional Terms and Conditions

Certain items available for order through the Site may be subject to additional terms and conditions. Those specific terms will be drawn to your attention at the time you are placing the relevant order. Where you are advised that additional terms apply, you will be deemed to have accepted them in full if you continue with your order thereafter. If you have any queries regarding the applicable terms, please contact us before you order any product or service.

Your Account

To be eligible to use the Site in any way you must be over 18. When registering you must provide EA with details that are accurate, true and complete, such details to include the full detailed postal address in the United Kingdom for the delivery of goods.

You are responsible for maintaining the confidentiality of your account and password and any user identification code and for any other piece of information as part of our security procedures. You are also responsible for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under or using your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

You responsible for ensuring that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering or that we hold about you from time to time. You can access and update much of the information you provided to us within the My Account area of the Site or by contacting help@eardleyart.co.uk. To the maximum extent permitted by law, Eardley Art shall bear no responsibility or liability for any failure of transmission, misdirection of correspondence, or loss or damage contributed to or caused by your failure to update your details from time to time.

Eardley Art reserves the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders at our discretion. If EA cancels an order placed via the Site, EA will send you an email confirmation of such cancellation and you will not be charged for your order and in the event that a payment has been made, this will be refunded.

Products Images and Colour

The Eardley Art products depicted on our Site are representative of the Eardley Art collections. Not all Eardley Art products are shown on this Site. You agree that EA uses reasonable efforts to display accurately the colours of original works of art and that all drawings, images and descriptive matter and specifications on the Site are for the sole purpose of giving and approximate description and are to be used a s a guide only and for your general information only and may be changed without notice.

Privacy - How does Eardley Art protect customer information?

At Eardley Art we are committed to protecting your privacy. As required by the UK Data Protection Acts of 1984 and 1998, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we will request proof of identity before we are able to disclose sensitive information to you. We cannot guarantee and cannot be responsible for the security or privacy of the site and any information provided by you.

What information do we collect and how do we use it?

When you create an account on the Site we will ask for your name, address, telephone contact number and e-mail address so we can create the account.

If you provide us with the name of your business or organisation when registering, it is therefore important that you let us know if you leave your organisation so that we can ensure your name does not continue to be displayed in connection with it afterwards.

We may occasionally use the information we collect to notify you about important changes to the Site or new Eardley Art services we think you'll find valuable.

We also use statistic collection packages to help us analyse the web traffic on the Site.

If you wish to amend your communication preferences you can do so at any time by signing in to the Site and going through the My Account area.

What about "cookies"?

Cookies are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that.

The Site uses cookies for the purposes of identifying you and logging your activity. Sometimes, cookies are essential for your use of the Site (for example, we need to keep track of items you have placed in your shopping cart) and you will not be able to make full use of the Site without those. Cookies are retained on your computer unless you delete them.

Will Eardley Art disclose the information it collects to outside parties?

Eardley Art does not sell, trade or rent your personal information to others. However, as mentioned in our Terms and Conditions, we may pass your information to third parties if that is required to send items to you (for example, documents related to your order or to post items you have ordered) or otherwise to fulfil any obligation to you or to comply with any request made by you.

By using the Site, you consent to the collection and use of information by Eardley Art as set out in our Terms and conditions and in our Privacy Policy which is incorporated by reference into these Terms and Conditions.

Please contact andrea@eardleyart.co.uk with any comments, questions or concerns.

Access to the Site

We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. Eardley Art will not be liable for any loss or damage (whether direct, indirect or consequential) incurred by you resulting from any such interruption or lack of access to the Site. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. It is your responsibility to ensure that any products or services ordered meet your specific requirements.

Links

The links provided on the Site to third party websites or resources will let you leave the Site. The linked sites are not under the control of Eardley Art and you acknowledge and agree that Eardley Art is not responsible for the accuracy or availability of such websites or resources or for the contents of any linked site, or any link contained in a linked site, or any changes or updates to such sites. Eardley Art has included these links for your convenience and the inclusion of a link does not imply or constitute Eardley Art endorsement of the site or any products or services advertised on or provided through it. Eardley Art accepts no responsibility for any loss or damage you sustain by visiting these websites. You are responsible for all risk arising out of your use of any such resources or websites.

Linking to our Site

You must not create a link to our Site from another website, document or other source without first obtaining our written consent.

Any agreed link must be to our home page and in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page by obtaining our prior written consent.

We reserve the right to withdraw any linking permission given to you without notice.

If linking permission is given to you, the website in which you are linking must comply with the law in the UK and in any country from which they are hosted and must not contain content that is offensive, controversial, infringes any intellectual property rights or any other rights of any other person.

Viruses

We do not guarantee that our Site will be secure for free form bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. You must bear the risk associated with the use of the internet.

We will not be liable for any loss or damage caused by a denial attack or distributed denial attack, viruses, Trojans, worms, logic bombs, keystroke loggers, adware, spyware or other material which is malicious or technologically harmful.

You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial of service attack or a distributed denial of attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Caring for Your Data

We will have in place a level of security appropriate to the nature of the data and the harm that might result from a breach of security. Data relating to you and your use of the Site is held in our corporate databases. We will:

How Secure is Information About Me?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

Your Rights about Data

You have certain rights under the Data Protection Act in relation to the information that we hold about you. These rights include:

Who has Access to your Data?

Staff of Eardley Art are only permitted to make changes to our databases when they are trained. Certain details are protected and can only be viewed or amended by trained staff. In addition, staff at other organisations have access to your information:

Method of communicating with you

To the maximum extent permitted by law, you consent to receive communications from us electronically and you agree that all notices and other communications sent to you electronically satisfy all legal requirements that such communication be in writing. Information provided by us through the Site, including by email, cannot be guaranteed to be secure or error-free. It may also be subject to loss, interception or alteration. We will not be liable for any loss or damage, howsoever arising, occurring as a result of such electronic communication being lost, intercepted or altered or affected in any way.

Information

The Site and its contents are provided on an "as is" basis and Eardley Art does not make any representations or warranties (and expressly disclaim the same to the fullest extent permitted by law) with respect to the Site, its contents and the services available on and/or through it. In particular, Eardley Art does not represent or warrant that the material comprised on this Site is completely accurate or up-to-date and Eardley Art shall have no liability in respect of such material or for any use of or reliance upon any such material by any person.Users should take legal, financial or other appropriate advice before taking any action arising out of use of material from the Site. The documents and related graphics on the Site could include technical inaccuracies or typographical errors. Eardley Art cannot assume responsibility for any errors or omissions on the Site.

Intellectual property

All content on the Site, including all intellectual property rights and including (but not limited to) text, graphics, logos, and images is the property of Eardley Art, its affiliates or its content suppliers.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not (and agree not to assist or facilitate any third party to) copy, retransmit or deal in any manner with any content of the Site without Eardley Art’s express written consent, save that you may print off copies of any orders that you have placed and the Terms and Conditions.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.

You must not use any part of the content of our site for commercial purposes. Copying or storing the contents of our site for non-personal use is expressly prohibited.

You may not create and/or publish your own database which utilises sections of the Site and/or any database on the Site or accessible through it.

No logo, graphic, text or image from the Site may be copied or retransmitted unless expressly permitted in writing by Eardley Art.

No licence is granted to you in these Terms and Conditions to use any of our trademarks or those of our affiliated companies.

Waiver

No waiver by us of any breach of these Terms and Conditions shall be a waiver of any subsequent breach of the same or any other provision of them. The waiver of any such right or provision will be effective only if it is in writing and signed by an authorised representative of EA.

Liability

Eardley Art will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Site.

We will not in any event and to the maximum extent permitted by law be liable to any user for any loss, or damage, business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss or damage, whether or not reasonably foreseeable to both you and us when you commenced using the Site. Eardley Art does not limit in any way its liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

Governing law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction in relation to any matter or dispute arising out of or in connection with them (including any dispute as to interpretation).

Specific Eardley Art online terms and conditions

The terms and conditions contained in this section apply in addition to the terms and conditions set out above and govern your use of any part of the Site which permits you to order goods and/or services from Eardley Art.

1. Licence terms

Where products supplied are subject to third party intellectual property or licensing arrangements, they are supplied by us to you subject to the terms and conditions of the respective service. You are required to accept such terms and conditions before first using the relevant service. Use of the relevant product or service is deemed to be acceptance of the terms and conditions of such service

2. Ordering and contracts

EA does not bear any responsibility for the accuracy, completeness or currency of any information provided on the Site including in relation to prices, availability and delivery times (as is covered in more detail elsewhere in these Terms and Conditions). As such, your placing an order on the Site shall be deemed to be an offer to purchase the items in that order for the price shown on the Site. After you have successfully completed the order process on the Site, we will send you a confirmation email setting out your order reference. You should check the detail of the confirmation email and print out and retain a copy of it. It is your responsibility to ensure that any products or services ordered meet your requirements.

If the items you have ordered are in stock and available for postage to you, that confirmation email shall constitute acceptance of your offer (subject always to these Terms and Conditions).

All orders are subject to availability and acceptance. If some or all of the items you have ordered are not in stock and/or unavailable for postage to you, that confirmation email shall constitute acceptance of your offer in respect of those items that are in stock and available for postage, but the remainder of the order shall not be accepted by us. It is your responsibility to provide us with a valid email address so that we can contact you.

Please see paragraphs 3 ("Pricing") and 5 ("Availability") which set out how we deal with the unusual situations where an item you have ordered is wrongly-priced on the Site or temporarily unavailable. In such circumstances, we will only accept the relevant offer by you to purchase any item(s) once we have confirmed that you wish to purchase such item(s) and we have processed payment for, and despatched, the same.

For the avoidance of doubt, us processing payment for any order shall not be deemed to be acceptance of that or any other order, as all or part of such payment may be refunded to you in accordance with these terms and conditions without giving rise to any contract for the sale of the items in that order

3. Pricing and payments

EA aims to provide the most accurate information on prices at all times. We supply items at published prices except where a specific discount is offered. In the event of a pricing error such that the applicable price is lower than the advertised one, we will charge you the lower price and refund any excess amount already paid. In the event of a pricing error such that the applicable price is higher than the advertised one, howsoever caused, we will check with you to see if you still wish to receive the relevant product or service at the new price and, if you do not, will refund your payment for it. Prices published for delivery are for the United Kingdom. The only currency accepted by the Site is UK Pounds Sterling (£) and all prices are displayed in that currency.

Full payment for all orders is required at the time of ordering.  Goods remain the property of EA until payment of all sums due in respect of them including the cost of delivery, is received.  The goods will be at your risk form the time of delivery. Payment can be made by PayPal. You are responsible for ensuring the accuracy of the details provided by you during the ordering process. PayPal will be responsible for collecting information from you and for processing payment for purchases via the Site. PayPal is responsible for the data collected from you in relation to payment, including all credit card and debit card details. We reserve the right to amend the payment methods we accept from time to time.

Unless otherwise stated the prices published currently exclude VAT.

4. Delivery

EA is currently available for customers resident in the United Kingdom. Our delivery policy which is incorporated by reference into these Terms and Conditions outlines details of postage charges.

If you are resident outside the United Kingdom and would be interested in purchasing please contact andrea@eardleyart.co.uk, we will be happy to discuss your enquiry.

5. Availability

Although we do try to ensure that the Site displays the most up-to-date availability information, availability displayed for each product or service advertised is subject to change. Any information regarding availability is subject to the stock level information which we are provided with.

If you order a product or service which is out of stock, you will be informed of this within 5 days of the date you place the order. Orders for these items will be recorded and supplied when available.

6. Cancelling your contract and returns

You can cancel your order after receiving our email confirmation providing you give us written notice within 7 days. Your cancellation notice must be sent to andrea@eardleyart.co.uk or by letter to Courtyard Studio 3 Wilton Shopping Village Wilton Wiltshire SP2 0BH, or by submitting a completed form on our Returns page. Your cancellation notice must include your full name, address, the description of the goods and your order number.

Upon receiving a cancellation notice from you, we will contact you to provide you with details of where you must return the goods (if these have already been received by you) and any other relevant information and instructions. You must then immediately return the goods to us by recorded delivery, at your own cost and at your own risk.  We are not responsible for the loss. We reserve the right to collect the goods from you. In the event that we exercise this right and collect the goods we will notify you of when and where they will be collected by us. We will also charge you for the cost of collecting goods and will deduct this form any sum owed by us to you.

The goods must be returned to us in the same condition in which you received them. You must return the goods with its original packaging and the original invoice. You are responsible for taking reasonable care of the goods whilst they are in your possession. This is a legal obligation. If you fail to comply with this obligation, we may have the right against you for compensation.

We will notify you by email once your return has been received and a refund processed.

7.  Refunds

We will offer you a refund of the full purchase price, including the cost of delivery and your reasonable costs in returning the goods to us if the goods delivered are damaged or in a faulty condition, provided that you return the goods to us and we are satisfied that the goods have not suffered damage after delivery, further that they have not been misused or the problem is not due to normal wear and tear.

In order to claim a refund please send us a cancellation notice as  soon as you become aware of the problem and in any event no later than 7 days after receipt by email to andrea@eardleyart.co.uk or by letter to Courtyard Studio 3 Wilton Shopping Village Wilton Wiltshire SP2 0BH, or by submitting a completed form on our Returns page. Your cancellation notice must include your full name, address, the description of the goods and your order number, as well as a brief description of the problem, fault or damage.

Upon receiving a cancellation notice from you, we will contact you to provide you with details of where you must return the goods and any other relevant information and instructions. You must then immediately return the goods. We reserve the right to collect the goods from you. In the event that we exercise this right and collect the goods we will notify you of when and where they will be collected by us.

We will examine any returned goods and notify you about your refund via email within a reasonable period of time. We will usually process a refund within 30 days of confirming to you via email that you are entitled it, sooner where possible.

We reserve the right to refuse to issue a refund and also to recover the cost of returning or collecting the goods in the event that the goods are not returned with the original packaging or are found to have suffered damage after delivery or have been misused or if the problem is due to normal wear and tear. This does not affect your statutory rights.

Please note that we are unable to offer a refund in relation to any item that is free of charge and included with your order.

8. Claims

Claims for non-delivery must be made within 7 days from the date of notification of postage.  Claims not received within these periods may not be met. If you would like to make a claim then please contact our customer service department at help@eardleyart.co.uk.

9. Liability

Eardley Art’s liability to you for negligence, breach of contract and statutory duty in relation to any contract for the sale of goods by us to you shall be limited to the cost of replacing any goods and/or services ordered by you. It is not intended that any contract between Eardley Art and you for the supply of goods and/or services should be enforceable by any third party.

10. Force Majeure

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, missions, failures or accidents that are outside our control caused by a Force Majeure event. A force majeure event, without limitation, includes, strikes, lock-outs, other industrial action, shortages of labour, fuel, power, raw materials, late, defective performance or non-performance by delivery suppliers, private or public telecommunication or computer network failures, civil unrest, riot, invasion, terrorist attack, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake or other extreme weather conditions, subsidence, collapse of building structures, epidemic or other natural disaster, malicious damage, nuclear chemical or biological contamination, sonic boom, interference by civil or military authorities, national or international calamity, breakdown of plant and or machinery, loss at sea, non-use of the railways or shipping or aircraft or motor transport or other means of public or private transport, or other cause beyond our reasonable control.

11. Copyright

The fee that you pay to Eardley Art for our products gives you an implied licence to make use of the products purchased for personal use only. You do not obtain ownership of the copyright in our products which remains the copyright of Eardley Art.

Please contact andrea@eardleyart.co.uk with any comments, questions or concerns.

© 2013 eardleyart

These terms and conditions were last updated on 16th July 2015.