Terms and Conditions

Drawings of Kent Shop Terms and Conditions of Supply and Website Terms and Conditions of Use

SHOP TERMS AND CONDITIONS OF SUPPLY

These Terms and Conditions apply to the use of the Drawings of Kent Shop and orders made through it. Please read these Terms and Conditions carefully. By accessing our shop and/or by placing an order, you signify your agreement to be bound by these Terms and Conditions. These Terms and Conditions do not affect your statutory rights.

The Contract:
When you purchase a print(s) your contract is with Drawings of Kent.

When you place an order to purchase a print(s), we will send you an e-mail confirming receipt of your order. This confirmation e-mail is acknowledgement that we have received your order and taken payment, but does not confirm acceptance of your offer to buy the print(s) ordered. We only accept your offer, and conclude the contract of sale for print(s) ordered by you, when we despatch the print(s) to you and send an e-mail confirmation to you that we’ve despatched the print(s) to you. If your print(s) are despatched in more than one package, you may receive a separate confirmation e-mail for each package, and each confirmation e-mail and corresponding despatch will conclude a separate contract of sale between us for the print(s) specified in that confirmation e-mail. Without affecting your right of withdrawal, you can cancel your order following the process set out below at no cost any time before we send the despatch confirmation e-mail relating to that product.

It is your responsibility to ensure you are able to receive e-mails from Drawings of Kent. We recommend you add drawingsofkent@btinternet.com to your ‘safe sender’ list, and check that your online security software does not block e-mails from us.

Your Order:

Method of payment:
You can pay via Paypal.

You undertake that all details you provide for the purpose of ordering or purchasing print(s) are correct, that the credit or debit card you are using is your own (or have authority to use it) and that there are sufficient funds to cover the cost of the print(s) ordered.

Print Information:
Art prints are A3 size (this is the size of the paper the art is printed onto, not the image size) and are supplied unframed and rolled in a cardboard poster tube.

Pricing and availability
Due to their nature all prints should be available. If however, due to an error specific prints are out of stock or unavailable we will endeavour to contact you to:
(a) discuss an alternative;
(b) offer an alternative delivery date; or
(c) arrange a refund.

The price of prints available may change from time to time, without prior notice. The price you pay will be the price displayed on the website at the time we receive your order, apart from the following exception:

While we do our best to ensure that all our prices are accurate, it is possible that, occasionally, prices may be incorrectly listed. If we discover an error in the price of the print(s) you have ordered we will inform you as soon as possible and offer you the print(s) at the correct price. We are under no obligation to provide print(s) to you at an incorrect, lower price, even after we have acknowledged your order. If we cannot contact you, we order as cancelled and refund you the price paid.

We list prices in pounds sterling and all prices are inclusive of VAT. The prices of the prints are inclusive of the costs and charges of packaging and delivery. We deliver to the UK mainland only.

All prices are exclusive of any other sales tax or duty that may be applicable and which will be payable in addition to the price unless otherwise stated.

Delivery:
Please be clear and precise about your address when placing your order.

We cannot accept any liability for any loss or damage to the Goods arising after they have been delivered to you.

Every effort will be made to despatch the print(s) in your order within seven (7) working days and in any event within 28 days from receipt of your order.

General:
If you order two or more prints then they might be despatched separately and arrive with you at different times.

If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible by contacting us at drawingsofkent@btinternet.com.

At the present time, orders are only accepted for delivery to the United Kingdom mainland.

Risk and title:
Risk and title in the print(s) pass when the print(s) are delivered to you.

If your order does not arrive within the advised delivery times please contact us at drawingsofkent@btinternet.com.

Cancellation and returns policy:
This section sets out your rights to return a print(s), or cancel an order under defined circumstances.

If a print(s) is faulty or damaged when you receive it, you may return the item for a replacement or a refund.

Please email us at drawingsofkent@btinternet.com with the following information:
(a) your details and
(b) a photo of the damage to or fault with the item and packaging.

You have the right to cancel your order prior to despatch or within 14 days of receiving your print(s), and you will receive a refund for the print.

If you wish to cancel your order please email us at drawingsofkent@btinternet.com as soon as possible, but at the latest within 14 days of receiving your print(s).

If the print(s) have already been received, you will be responsible for returning them including all costs. You must return print(s) within 14 days of notifying us of your intent to cancel.

Variation:
We reserve the right to make changes to these Terms and Conditions at any time. However, you will be subject to the Terms and Conditions and policies in force at the time that you order print(s) from us, unless any change to those policies or these Terms and Conditions is required to be made by law (in which case it may apply to orders previously placed by you). If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

Severance:
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.

Waivers:
No failure to exercise, or delay in exercising, any right under these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.

Third party rights:
A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them.

Governing law and jurisdiction:
Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree 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.

 

DRAWINGS OF KENT WEBSITE TERMS AND CONDITIONS OF USE

These terms and conditions of use (together with the documents referred to within) (the Terms of Use) tell you the terms on which you may use our shop. Use of our website includes accessing or browsing.

By using our website, you confirm that you accept these Terms of Use and that you agree to comply with them.

How to contact us:
To contact us please email us at drawingsofkent@btinternet.com or write to Tree Tops, The Street, Wittersham, Isle of Oxney, Kent TN30 7ED.

Other applicable terms:
These Terms of Use refer to and incorporate the following additional terms, which also apply to your use of our website:
(a) Cookies policy;
(b) Privacy policy; and
(c) any copyright information and restrictions included on the pages of our website, including the Copyright notice, the terms of which you agree to observe and follow.

Changes to these Terms of Use:
We may revise these Terms of Use at any time by amending this page. Please check our website frequently to see recent changes. If you do not agree to any change you should not continue to use our website.

Content on our website:
We may update our website from time to time and may change the content at any time without providing prior notice.

Your use of our website:
You may use our website only for lawful purposes. You may not use our website:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to knowingly receive, download, use or re-use any material which does not comply with our content standards;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any or other material which is malicious or technologically harmful.

You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our website in contravention of these Terms of Use; and
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of our website;
(ii) any equipment or network on which our website is stored;
(iii) any software used in the provision of our website; or
(iv) any equipment or network or software owned or used by any third party.

Intellectual property:
We are the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use or under any of the other exceptions and limitations to copyright set out in the UK’s Copyright, Designs and Patents Act 1988 (as amended and restated from time to time). You may draw the attention of others within your organisation to content posted on our website.

The status of any identified contributors as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes and you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.

If you print off, copy or download any part of our website in breach of these Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Availability of website:
Our website is made available free of charge.

We will use reasonable endeavours to ensure the availability of our website and that transmissions are error free. However, due to the nature of the Internet it is not technically possible for us to provide a completely fault free service and we give no guarantees or warranties, express or implied, as to the quality or reliability of access to our website. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.

Access to our website is permitted on a temporary basis. We reserve our right to withdraw, discontinue or change all or any part of our website or refuse access to it immediately and without notice. However, we will, where reasonably possible, provide notice of any suspension or cancellation of our website.

We will not be liable to you if for any reason our website (or any content) is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our website.

You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Security:
We do not guarantee that our website will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system, including hardware, software and stored data of third parties who may access or be otherwise connected to your computer system. You will assume the responsibility of ensuring that programmes or other data downloaded or otherwise received from our website are free from viruses, Trojan horses, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any or other material which is malicious or technologically harmful. We would advise you to run an up-to-date anti-virus program on anything you download from the Internet.

You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service 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 website will cease immediately.

Liability:
Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury arising from our negligence or the negligence of our employees, agents or contractors that results from the use of our website or any fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

As far as we are allowed to do so, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. This does not exclude our obligation to provide any services under these Terms of Use with reasonable care and skill.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our website; or
(b) use of, or reliance on, any content displayed on our website.

You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

External links:
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those third party sites or resources.

Where our website contains links to other sites and resources provided by us, the terms of use of those sites and resources will apply.

You should familiarise yourself with the different privacy, trading and use policies and conditions of any external sites or resources before using them.

We make no representations as to the security, quality or propriety of any site which may be accessed through our website and accept no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such sites or goods or services purchased from them.

Connected third party websites accessed through our website are independent sites over which we do not exercise any control, whether financial, editorial or of any other kind and are not in any way endorsed by us.

Suspension and termination:
We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our website. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.

Breach of paragraphs ‘Your use of our website’ and ‘Intellectual property’ of these Terms of Use may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our website;
(b) issue of a warning to you;
(c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(d) further legal action against you; and
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Severance:
If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.

Waiver:
The rights granted under these Terms of Use will not be waived except in writing. Any waiver of any of your or our rights, or any breach of these Terms of Use by you or us, will not be construed as a waiver of any other rights, or of any other or further breach. Any failure or delay by you or us in exercising our rights under any provisions of these Terms of Use will not be construed as a waiver of those rights.

Disclosure:
We may disclose personal information if required to do so by law or if we in good faith believe we are required to do so by any order of the Courts or other competent body or agency or may do so to protect or defend our rights or property or to protect the personal safety of our employees or the public at large. Please refer to our Privacy Policy for more information on how we handle, and when we might disclose, your personal information.

Statistics:
We may provide aggregate statistics about sales, website usage and related website information on our website and also provide statistics to central Government, Government agencies and other public bodies, but these will not include any personally identifying information. Please note in particular that statistical records are maintained of pages visited by users whether or not they have registered.

We may monitor user traffic on an aggregate basis in order to help it develop and improve our website for the benefit of all users

Governing law and jurisdiction:
Please note that these Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree 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.