Art UK | Shop terms of use and supply

See below for: Art UK Shop Terms and Conditions of Supply

Art UK Shop Website Terms and Conditions of Use

The Art UK Shop is operated independently of Art UK (the operating name of the Public Catalogue Foundation) by Heritage Digital Ltd (Heritage Digital). Your contract for any purchases made through the Art UK Shop is made with Heritage Digital, not Art UK.

Please read these terms and conditions carefully before using this website.

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, artuk.org/shop (our website), whether as a guest or a registered user. Use of our website includes accessing, browsing or registering to use our website.

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

Please note that your use of www.artuk.org outside of the Art UK Shop is governed by the separate Art UK Website Terms and Conditions of Use. To the extent that there is any conflict between these Terms of Use and the Art UK Website Terms and Conditions of Use, then in relation to use of the Art UK Shop, these Terms of Use shall prevail.

1. Information about us and how to contact us

1.1 Heritage Digital Ltd (we, us and our) has the right to operate the Art UK Shop independently of Art UK.

1.2 We are a company registered in England and Wales under company number 09940667 and have our registered office at Cromford Mills, Mill Lane, Cromford, Derbyshire DE4 3RQ.

1.3 To contact us in relation to any general queries about these Terms of Use, or the Art UK Shop more generally, please email us at shop@artuk.org.

2. Other applicable terms

2.1 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

the terms of which you agree to observe and follow.

3. 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. The date when these Terms of Use were last updated will be displayed at the bottom of the page. If you do not agree to any change you should not continue to use our website.

4. Content on our website

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

4.2 The views expressed by other users on our website do not represent our views or values.

4.3 For general content queries relating to our website please contact us at shop@artuk.org.

5. Your use of our website

5.1 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;

(d) to send, knowingly receive, upload, 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.

5.2 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.

6. Intellectual property

6.1 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.

6.2 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.

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

6.4 Unless permitted under an applicable Creative Commons licence (see creativecommons.org), you must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors, and you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.

6.5 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.

6.6 Where a Creative Commons licence applies to an image, this will be detailed on the relevant webpage for the artwork, and you agree to comply with the terms of that Creative Commons licence.

7. Availability of website

7.1 Our website is made available free of charge.

7.2 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.

7.3 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.

7.4 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.

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

7.6 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.

8. Your account and password

8.1 If you choose to create an account, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

8.2 We have the right to disable your account or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

8.3 You must take reasonable precautions to prevent the fraudulent use of your security details, including your password, and must notify us in the event that you suspect a third party has obtained your security details.

9. Security

9.1 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.

9.2 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.

9.3 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.

10. Liability

10.1 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.

10.2 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.

10.3 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.

10.4 If you are a business user, please note that, in particular, we will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

10.5 If you are a consumer, 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.

11. External links

11.1 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 (including artuk.org outside of the Art UK Shop).

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

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

11.4 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.

11.5 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.

12. Suspension and termination

12.1 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.

12.2 Breach of paragraphs 5 and 6 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) immediate, temporary or permanent removal of any of your content;

(d) 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;

(e) further legal action against you; and

(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

12.3 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.

13. 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.

14. 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.

15. 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.

16. Statistics

16.1 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.

16.2 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

17. Governing law and jurisdiction

17.1 If you are a consumer, 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.

17.2 If you are a business, these Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Digital Heritage Ltd
July 2018

Art UK Shop Terms and Conditions of Supply

These Terms and Conditions apply to the use of the Art UK Shop and Orders made through it. Please read these Terms and Conditions carefully before using the Art UK Shop. By accessing the Art UK 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.

CONTENTS

The Contract
Your Order
Goods information
Art UK Digital Licensed Image Licence Agreement
Pricing and availability
Delivery
Cancellation and returns policy
Promotions and incentives
Customer service
Complaints
Warranties
Privacy and data protection
Our responsibility for loss or damage suffered by you
Customs
Variation
Severance
Waivers
Third party rights
Governing law and jurisdiction

See information on current promotions.

DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, the following definitions shall apply:

Art UK: the operating name of the Public Catalogue Foundation, a charity registered in England and Wales (1096185) and in Scotland (SC048601). Company Limited By Guarantee Incorporated in England and Wales with number 04573564, with registered office at Salisbury House, Station Road, Cambridge, England, CB1 2LA. Art UK's main trading address is Staffordshire University Incubator Unit, 2nd Floor, Mellor Building, College Road, Stoke-on-Trent ST4 2DE.

Art UK Shop: the online marketplace operated by Heritage Digital Ltd. with the URL www.artuk.org/shop.

Digital Licensed Image: a high resolution digitally-downloaded image made available for sale on the Art UK Shop.

Goods: the goods (or any part of them) made available for sale on the Art UK Shop (including Digital Licensed Images) or those set out in the Order.

Heritage Digital: Heritage Digital Ltd. (company number 09940667) with registered office at Cromford Mills, Mill Lane, Cromford, Derbyshire DE4 3RQ.

Order: the Order for the Goods submitted by you.

Promotional Codes: promotional codes and discounts (including discounts, offers, promotions, prize draws, vouchers, competitions etc.) offered by the Art UK Shop to new and/or existing Art UK customers.

We, Our, Us: refers to Heritage Digital.

1. The Contract

1.1 The Art UK Shop is independently operated by Heritage Digital under an agreement with Art UK. When you purchase Goods through the Art UK Shop your Contract is with Heritage Digital, not Art UK.

1.2 Most of the Goods supplied are in the form of made to order or digital downloads. Heritage Digital may use third party service providers to fulfil its obligations under the Contract.

1.3 Your use of the Digital Licensed Images supplied to you via the Art UK Shop shall be governed by and subject to the separate Art UK Digital Licensed Image Agreement between you, Art UK and Heritage Digital entered into when you purchase the Digital Licensed Image from the Art UK Shop.

1.4 Your Order is an offer to Heritage Digital to buy the Goods in your Order. When you place an Order to purchase a product from Heritage Digital, we will send you an email confirming receipt of your Order. This confirmation email is acknowledgement that we have received your Order and taken payment, but does not confirm acceptance of your offer to buy the Good(s) ordered. We only accept your offer, and conclude the Contract of sale for Goods ordered by you, when we dispatch the Goods to you and send an email confirmation to you that we've dispatched the Goods to you. If your Goods are dispatched in more than one package, you may receive a separate confirmation email for each package, and each confirmation email and corresponding dispatch will conclude a separate Contract of sale between us for the Goods specified in that confirmation email. Without affecting your right of withdrawal, you can cancel your Order for Goods following the process set out below at no cost any time before we send the dispatch confirmation email relating to that product.

1.5 It is your responsibility to ensure you are able to receive emails from the Art UK Shop. We recommend you add shop@artuk.org to your 'safe sender' list, and check that your online security software does not block emails from us.

2. Your Order

Method of payment

2.1 You can pay either by VISA, VISA Debit or MasterCard. We are unable to accept AMEX, Electron cards, cheques, cash, or postal Orders through the Art UK Shop. Orders will only be processed if you provide the card holder's name as it is shown on the card together with the postcode that appears on the card statement. No responsibility can be taken by Heritage Digital for incorrect or incomplete details submitted on the Art UK Shop.

2.2 You undertake that all details you provide for the purpose of ordering or purchasing Goods 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 Goods ordered.

Fraudulent transactions

2.3 To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered credit reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these Terms and Conditions you consent to such checks being made.

2.4 It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on the Art UK Shop to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on the Art UK Shop.

3. Goods Information

Art prints

3.1 Art prints are supplied as a print to order image from the Art UK archive printed on your choice of available papers. Art prints are supplied un-framed and rolled in a cardboard poster tube.

Framed prints

3.2 Framed prints are supplied as a print to order image from the Art UK archive printed on your choice of available papers. This print comes with a mount(s) and a frame chosen from a defined selection offered at the time of order.

Limited edition prints

3.3 From time to time we may offer limited edition prints from Art UK exhibitions. These will be in a very limited number and supplied in the stated size, paper type, and frame. Limited Edition prints may not be customised.

Digital Licensed Images

3.4 You may purchase and download Digital Licensed Images under a licence for use, which include the criteria you selected during purchase.

Art Books

3.5 Art UK offers a series of catalogues published by the Public Catalogue Foundation.

Product descriptions and packaging

3.6 While we work to ensure that information about the Goods on the Art UK Shop is correct, actual packaging and materials may contain more information than that displayed on the Art UK Shop. Please always read labels, warnings and directions provided with the Goods before use. Heritage Digital reserves the right to amend the descriptions of the Goods on the Art UK Shop, as required.

4. Art UK Image Licence Agreement

Your use of the Digital Licensed Images purchased via the Art UK Shop shall also be governed by and subject to the separate Art UK Digital Licensed Image Agreement between you, Art UK and Heritage Digital entered into when you purchase the Digital Licensed Image from the Art UK Shop.

5. Pricing and availability

5.1 Due to their nature all Goods should be available. If however, due to an error specific Goods are out of stock or unavailable we will endeavour to contact you to:

(a) discuss an alternative;

(b) offer an alternative delivery date; or

5.2 The price of Goods available in the Art UK Shop may change from time to time, without prior notice. The price you pay will be the price displayed on the Art UK Shop at the time we receive your Order, apart from the following exception:

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

(b) We list prices in pounds sterling and all prices are inclusive of VAT. The prices of the Goods are exclusive of the costs and charges of packaging and delivery. Delivery charges will depend on the delivery method you choose and will be clearly shown throughout the checkout process.

(c) 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.

6. Delivery

6.1 Heritage Digital and/or a third party supplier will deliver the Goods to the address (for Digital Licensed Images, the email address) specified in your Order. Please be clear and precise about your address when placing your Order.

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

Art prints

6.3 Every effort will be made to dispatch the Goods in your Order within seven (7) working days and in any event within 28 days from receipt of your Order.

Framed prints

6.4 Every effort will be made to dispatch the Goods in your Order within fourteen (14) working days and in any event within 28 days from receipt of your Order.

Limited edition prints

6.5 Every effort will be made to despatch the Goods in your Order within three (3) working days and in any event, within 28 days from receipt of your Order.

Books

6.6 Every effort will be made to despatch the Goods in your Order within one (1) working day and in any event within 28 days from receipt of your Order.

Digital Licensed Images

6.7 Digital Licensed Images should become available within 30 minutes of receipt of payment. If your download is not available within one hour please contact us by emailing shop@artuk.org. Your image will be available to download for 28 days.

General

6.8 If you Order two or more Goods then they may be dispatched separately and arrive with you at different times.

6.9 Please contact us should you wish to request international delivery, which may be available for certain items, at shop@artuk.org, subject to clause 6.11.

6.10 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 shop@artuk.org.

6.11 We reserve the right to reject orders from the following countries: Armenia, Azerbaijan, Belarus, Bulgaria, Croatia, Georgia, Romania, Ukraine, Morocco, Turkey, Macedonia, Bosnia Herzegovina, Albania, Serbia, Indonesia, Uganda and Nigeria.

Risk and title

6.12 Risk and title in the Goods pass when the Goods are delivered to you.

6.13 If your order does not arrive within the advised delivery times please contact us at shop@artuk.org.

7. Cancellation and returns policy

7.1 This section sets out your rights to return Goods, or cancel an Order under defined circumstances.

7.2 You can buy the following three types of Goods from the Art UK Shop:

(a) bespoke and customised prints (framed and un-framed);

(b) Digital Licensed Images; and

Bespoke and customised goods

7.3 The art prints and framed prints are bespoke and customised goods. The prints and frames are made to order according to your chosen options for size, paper type, frame type and colour. As such, these Goods cannot be resold by us and do not attract the cancellation rights that typically apply to a distance contract.

7.4 You may cancel your order prior to production and you will not be charged for your order. Production normally commences within one working day of receiving your order.

7.5 if an art print or framed print is faulty or damaged when you receive it, you may return the item for a replacement or a refund.

7.6 If you are unhappy with the quality of the printing or the framing of your product please contact us to explain why and we will arrange to replace it. We reserve the right to deduct up to 50% of the price paid for an item if it is returned and our offer of a replacement is not accepted.

Please email us at shop@artuk.org with the following information:

(a) your details;

(b) your Order number; and

7.7 We will arrange for our designated courier service to collect the faulty item at our cost. A replacement item or refund will be issued on return of the faulty item.

Digital Licensed Images

7.7 Digital Licensed Images are digital downloads and you acknowledge that you will not have the right to cancel your Order for a Digital Licensed Image once you click the download button.

7.8 You will be required to tick an acknowledgement message before you can download your Digital Licensed Image. This acknowledgement will be recorded as proof of acceptance of this term.

7.9 However, if a Digital Licensed Image is faulty or damaged when you receive it, you will be entitled to have it repaired or replaced for free unless it is impossible or disproportionately expensive to do so, in which case you will be entitled to a price reduction to take account of the fault or damage, which may be the full amount of the price.

7.10 You must notify of us of any fault or damage within 14 days of receipt. Please email us at shop@artuk.org and provide the following information:

(a) your details;

(b) your Order number; and

Limited edition prints and books

7.11 Limited edition prints and books are treated as manufactured items and you have the right to cancel your Order prior to despatch or within 14 days of receiving your Goods, and you will receive a full refund.

7.12 If you wish to cancel your order please call us on 0115 841 4016 or email us at shop@artuk.org as soon as possible, but at the latest within 14 days of receiving your Goods. You may also download our customer order cancellation notification and email or post it to us.

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

7.14 If you cancel your Order in accordance with these Terms and Conditions of Supply we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case we will refund the price of the Goods to be returned in full (including the original postage cost of sending the Goods to you).

Download the Customer Order Cancellation Notification.

7.15 If your limited edition print or book is faulty or damaged when you receive it, you may return the item for a full refund. You must notify of us of any fault or damage within 14 days of receipt. Please email us at shop@artuk.org and provide the following information:

(a) your details;

(b) your Order number; and

7.16 We will arrange for a customer returns form to be sent to you. We will arrange for our designated courier service to collect the faulty item at our cost. A refund will be issued on return of the faulty item.

7.17 In all cases we will only refund to the payment card used in the original purchase.

8. Promotions and Incentives

8.1 On occasions the Art UK Shop will offer Promotional Codes. By using any Promotional Code, you are agreeing to the following:

General terms of promotions

8.2 A Promotional Code may only be redeemed online at the Art UK Shop.

8.3 Discounts and/or free items cannot be redeemed elsewhere unless expressly advertised.

8.4 A Promotional Code cannot be used in conjunction with any other offer, discount or promotion. Only one Promotional Code can be used per transaction/household.

8.5 A Promotional Code is redeemed by entering the code at the appropriate point in the Order process for a qualifying purchase or in the case of discounts, vouchers and/or free items, as expressly advertised.

8.6 A Promotional Code is not exchangeable for cash and is non-transferable and non-refundable.

8.7 We accept no responsibility for Promotional Codes that are illegible, lost, delayed or damaged.

8.8 Promotional Codes not submitted in accordance with these Terms and Conditions, or that are incomplete, illegible, expired or otherwise defective shall be rejected and/or disqualified and our decision is final.

8.9 By entering a Promotional Code you agree to participate in any publicity arising from any awards, free offers etc. and you grant us the right to feature your name, photograph and location in any future marketing materials, Art UK publications, promotions or competitions.

8.10 By entering a Promotional Code, your personal data will be held only for the purpose of administering the Promotional Code and contacting you in relation to it.

Period of use

8.11 A Promotional Code is only valid during the period identified and on the products specified in the media in which it was delivered.

8.12 We reserve the right to:

(a) cancel or withdraw any Promotional Code,

(b) refuse to allow any customer to participate in the Promotional Code,

(d) exclude any single or group of products from any general promotion; and/or

(e) amend this provision at any time (and Heritage Digital will use reasonable endeavours to notify changes to participants).

Returns of Goods or cancellation of Orders which were part of a promotion or incentive

8.13 In the case of a free item being offered, all items are subject to availability and we reserve the right to substitute the free item for another of similar quality and value for any reason. In the case of a returned Order, any free Goods must be returned at your own cost and risk, as new, at the same time in their original packaging with the product documentation, and with proof of the Promotional Code used. The Goods must not have been used and, where applicable (such as electrical items), must not have been removed from the sealed clear packaging.

8.14 Where the redemption of a Promotional Code is subject to a minimum spend requirement, redemption is only permitted in respect of the purchase of the qualifying products (as communicated to you when issuing the Promotional Code).

9. Customer service

9.1 Support is provided by telephone (0115 841 4016) and email (shop@artuk.org) during our normal business hours of 9am to 5.30pm Monday to Friday.

9.2 We regret that we cannot give advice in respect of Goods not purchased via the Art UK Shop. You should seek customer service advice from the retailer where Goods were purchased. In the first instance if there is an obvious fault with the item and it has not been caused by wear and tear or misuse, your first port of call must be the retailer where you purchased the item. It is important that you have proof of purchase.

10. Complaints

10.1 If you have any questions or complaints about the Goods, please contact us. We aim to deal with all complaints as effectively as possible.

10.2 Your complaint should be sent by email to Customer Services at shop@artuk.org.

10.3 We aim to acknowledge any complaint made through the Art UK Shop by email within two working days, and to conclude our investigations as soon as possible thereafter and, in any event, within 14 days. Telephone complaints will not necessarily be acknowledged by email prior to investigation. Our acknowledgement will always include the name of the person who is handling your case and we shall keep you fully aware of the progress of your complaint. A likely timescale for resolution will be provided upon request, but this timescale will be dependent upon the specific nature of the complaint. If we are unable to resolve your complaint we shall give you an explanation of why your complaint was rejected (where applicable).

11. Privacy and data protection

11.1 We shall process your data in accordance with the terms of the Art UK Shop Privacy Policy. Please view this document for further information. All information provided by you will be held securely and treated in accordance with the Data Protection Act 1998, the General Data Protection Regulation, and other applicable national data privacy laws.

11.2 When you visit the Art UK Shop, or send emails to Art UK Shop, you are communicating with us electronically. We will normally communicate with you by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us and the Goods that we supply must be as described, fit for purpose and of satisfactory quality. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 We are not liable for business losses. 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.

12.3 Heritage Digital will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause beyond our reasonable control. This condition does not affect your legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

13. Customs

When ordering goods from the Art UK Shop for delivery overseas you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information. Please also note that when ordering from the Art UK Shop you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.

14. Variation

Heritage Digital reserves 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 products 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.

15. 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.

16. 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.

17. 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.

18. Governing law and jurisdiction

18.1 If you are a consumer, 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.

18.2 If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

19. Gift vouchers: terms of use

19.1 Gift vouchers are valid for 12 months from the date of purchase and can only be redeemed through the Art UK Shop.

19.2 Gift vouchers can be used for part or full payment of an online purchase. If the cost of your order exceeds the amount of the gift voucher, the balance must be paid in full by credit or debit card or by PayPal at the point of purchase.

19.3 Gift vouchers have no cash value and are non-refundable other than within the 14-day cancellation period. Please note that if the voucher value exceeds the total cost of the transaction, no change or credit will be given.

Heritage Digital Ltd
November 2019