TERMS AND CONDITIONS
These are the Conditions on which we supply Goods to you. “We”, “us”, “our”, or any other similar expression, means Whoartnow Limited, a company registered in England and Wales. Our company registration number is 08035826 and our registered office is at 2nd Floor, 137 Harrison Road, Leicester, LE4 6NP, United Kingdom. “You”, “your” or any other similar expression, refers to you, our customer who is purchasing Goods from us through any of our websites from time to time, including graff.io and mezoo.co.uk, and any reference to “our site” shall be a reference to the applicable website. These Conditions do not apply where you have purchased any of our products directly through a third party website, in which case any contract entered into will be entered into as between you and that third party.
- Definitions and Interpretation
- In these Conditions, the following words and phrases shall have the following respective meanings:
|“Conditions”||means these Terms and Conditions;|
|“Contract”||means the contract between you and us for the supply of Goods in accordance with these Conditions;|
|“Goods”||means the products sold by us through our site;|
|“Intellectual Property Rights”
|means copyright, design rights, trade marks, patents, rights in any inventions and any other rights of a similar kind;|
|“Lifetime Guarantee”||means the guarantee offered by us in relation to the Goods in accordance with clause 7; and|
|“Order”||means your order for Goods through our site.|
- “Writing” includes emails. When we use the words “writing” or “written” in these Conditions, this includes emails.
- Access to and use of our site
- Our Contract
- Our site will guide you through the Order process. Before submitting your Order you will be given the opportunity to review it. Please ensure that you have checked your Order carefully before submitting it to ensure that it is complete and accurate in all respects.
- In order to confirm your Order, you will be asked, and will need, to accept these Conditions. When we confirm to you in writing that we are able to provide you with the Goods, (“Order Confirmation”), this is when the Contract shall come into force. Each Order shall form the basis of a separate Contract.
- Additional terms may apply if you use a voucher or coupon purchased by a third party when placing your Order. Such terms will be published by the relevant third party and will apply as between you and that third party. These terms will not from part of the Contract.
- Once we have accepted your Order, you cannot change it without our consent. We will not accept any changes to the nature or specification of the Goods once you have placed your Order. If you want to make any other changes under the Contract, for example any delivery arrangements, you must send to us details of your requested change in writing. We do not have to agree to any changes. If we do agree to any other changes, we will let you know if this will have an effect on the cost or timing of the supply of Goods, and this will constitute a counter-offer from us. If you do not wish to go ahead with the change or do not respond to our counter-offer within a reasonable amount of time, we will not have to honour the change and the original terms of the Contract will continue.
- If we are unable to accept your Order, we will inform you of this in writing and will of course not charge you for the Goods. This might be for a variety of reasons, including (without limitation) because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
- The images of the Goods on our website are there purely as an illustration. Although we have made every effort to display the colours accurately, we cannot guarantee that colours appearing on any illustration accurately reflect the colour of the Goods. Your Goods may therefore vary slightly from those images.
- If we are making the Goods to your specification or using images that you have provided to us, you are responsible for ensuring that these are correct and comply with our minimum technical requirements from time to time. You can find information regarding these requirements on our site or by contacting us. You warrant that you have full permission to upload the images provided and that we can use these images lawfully for the purpose of supplying you with Goods. We are not responsible for any images uploaded in error or for any liability to any third party in respect of such images.
- We may make minor changes to the Goods to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to improve the quality of any image you have supplied.
- Pricing and payment
- The price of the Goods (which includes VAT) will be the price indicated on the relevant pages of our site when you place your Order. Delivery options and related charges will be presented to you as part of the Order process before you place your Order.
- We take reasonable care to ensure that all prices advertised on our site are correct. We reserve the right to change any prices advertised on our site and to add, alter, or remove special offers on our site from time to time.
- Payment for Goods and any related delivery or shipping charges must always be made upon entering into the Contract and you will be prompted to make payment during the Order process. We will not deliver any Goods to you until we have received payment in full for the Goods and any associated charges.
- We shall only accept the methods of payment stipulated on our site from time to time.
- Delivery, Risk and Ownership
- Goods purchased through our site will be delivered as soon as reasonably practicable. We will normally deliver Goods within 30 calendar days from the date of the Order Confirmation (subject to delays caused by events outside of our control) but we cannot warrant that your Goods will be delivered within a specified timeframe.
- If the supply of Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Goods you have paid for but not received.
- If we try to deliver the Goods to you and you fail to accept delivery of them within 14 days of the day on which we first try to deliver the Goods or we inform you that the Goods are ready for delivery, we shall store the Goods until we are able to deliver them. We also reserve the right to charge you for the costs and expenses that we incur in storing the Goods, including insurance. If another 14 days pass from when we begin to store the Goods and we have still been unable to deliver the Goods, we may decide to resell or otherwise dispose of some or all of them. If we do that and sell them at a higher price, we shall pay you back any excess over the price of the Goods that you have already paid (less reasonable storage and reselling costs). If however we cannot resell them for at least the price that you had agreed to pay for them, we reserve the right to claim the shortfall from you. As many of the products that we sell are made to order, it may therefore not be possible to resell the Goods and we reserve the right to claim back from you the full price of the Goods in any of the circumstances described in this Clause. For the avoidance of doubt, we may engage a third party to deliver or store the Goods, and in that event this Clause equally applies.
- The Goods will be your responsibility and you will own the Goods from the time that we deliver the Goods to the address you gave us during the Order process.
- Lifetime Guarantee
- Our Lifetime Guarantee means that we promise to ensure that the quality and performance of your Goods will not deteriorate over time. The Lifetime Guarantee will not be valid until it has been activated by you. We will explain when we deliver the Goods to you how you can activate the Lifetime Guarantee. If at any point you find that the quality or performance of your Goods are not to the same high standard as when you first received the Goods, please contact us with details of your Order, including the relevant Order number together with your full name and address and a description of the defective Goods. Our contact details can be found at Clause 13 We may then, in our discretion, provide you with replacement Goods. In deciding whether to provide you with replacement Goods, we may require you to return the defective Goods at your cost as proof of your claim. The Lifetime Guarantee lasts for 75 years from the date on which you receive the Goods. The Lifetime Guarantee will also not apply in any of the circumstances outlined in clause 8.3.
- The Lifetime Guarantee does not affect your legal rights in relation to faulty or incorrectly described Goods.
- Faulty, damaged or incorrect Goods
- When we deliver the Goods to you, they will match their description (as set out in the Order), be free from material defects in design, material and workmanship, be of satisfactory quality and be fit for any purpose stated by us.
- When you receive the Goods, you should inspect them to ensure that the Goods comply with the clause 8.1 above. If you find that your Goods do not meet any of these standards, you must tell us this in writing within 24 hours of delivery. Our contact details can be found at Clause 13 We may ask you to return the Goods to us (at your expense) within 14 days of delivery. Once we have had a reasonable amount of time to examine the Goods and believe that they were faulty when you received them, we may (in our discretion) offer to replace the defective Goods, or offer you a full or partial refund. This is your sole and exclusive remedy.
- We will not be responsible for any failure of the Goods:
- where the failure arises because you did not follow any instructions we gave you in relation to the Goods (such as storage or maintenance);
- where the failure arises because we have followed any express instruction given by you (or used images or followed specifications provided by you);
- if you alter or repair the Goods without our written permission;
- if the failure arises as part of the normal ageing process, or as a result of fair wear and tear, intentional damage, negligence, or unusual conditions; or
- where the Goods differ from their description as a result of changes we have made to ensure they comply with any legal or regulatory standards.
- Ending the Contract
- As you have purchased the Goods online, you have the legal right to change your mind within 14 days and receive a refund. This only applies in the case of standard Goods which have not been personalised or created to meet your specification. You therefore do not have the right to change your mind in respect of bespoke Goods, for example where you have uploaded images for the purpose of creating the Goods.
- If you are exercising your right to change your mind, you must contact us to let us know. You must then return the Goods to us in their original condition within 14 working days from the date on which you received the Goods. We will issue you a refund for the price you paid for the Goods together with any payment received relating to the original delivery. Please return the Goods to us in a similar manner in which they were originally sent in order to ensure their safe return. You will be responsible for the cost of returning the Goods to us.
- Any refunds due to you will be made using the same payment method that you used when placing your Order.
- We may end the Contract at any time by writing to you if you do not, within a reasonable time, allow us to deliver the Goods to you. This does not limit any other rights or remedies we may have under the Contract.
- Our liability
- We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or of our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. However, our liability shall not in any circumstances exceed the price you have paid for the Goods, except where clause 10.2 applies
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, or liability for fraud or fraudulent misrepresentation.
- If anyone claims that the use by us of any images or materials supplied by you infringes their Intellectual Property Rights (“Claim”), you will be liable to indemnify us against any sums we have to pay in order to meet or settle that claim, including any costs or expenses we incur.
- If we are aware of any such Claim, we will use our best endeavours to inform you of this as soon as possible and will not admit any liability without your consent, provided that your consent is not withheld, delayed, or made subject to any unreasonable conditions. You may defend or settle the Claim yourself if you inform us promptly in writing that you wish to do so, as long as the settlement that you agree does not require us to pay any money.
- We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of any circumstances beyond our reasonable control.
- How we may use your personal information
- We may use the personal information about you or other individuals you provide to us in order to provide the Goods, process your payment for such Goods and, if you agreed to this during the Order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us. We will only give your personal information to third parties without your consent where the law either requires or allows us to do so.
- Where we extend credit to you for the Goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
- Other important terms
- We may transfer our rights and obligations under these Conditions to another organisation. You may only transfer your rights or your obligations under these Conditions to another person with our prior written consent.
- You may transfer the benefit of our Lifetime Guarantee on the same terms to any person to whom you transfer ownership of the Goods after you have completed purchasing the Goods from us, for example, by selling the Goods to that person or giving them the Goods as a gift.
- Nobody else has any rights under this Contract. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds any part of this Contract illegal, the rest of it will continue in force. Each of the provisions of these Conditions operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breaking this Contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date.
- These Conditions are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.
- How to contact us
- You can contact us by writing to us at email@example.com
- If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your Order.
- Any returns should be sent to: Artf.ly 2nd Floor, 137 Harrison Road, Leicester, LE4 6NP
This acceptable use policy sets out the terms between you and us under which you may access our website Artf.ly (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Artf.ly is a site operated by Whoartnow Limited (we or us). We are registered in England and Wales under company number 08035826 and we have our registered office at 137 Harrison Rd Leicester, LE4 6NP.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- 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.
- Further legal action against you.
- 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 this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Information about us
Artf.ly is a site operated by Whoartnow Limited (“We”). We are registered in England and Wales under company number 08035826 and have our registered office at 137 Harrison Rd, Leicester, LE4 6NP Our EU VAT number is GB199809436. We are a limited company.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable useage policy.
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, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, 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 site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
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 any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of goods formed through our site or as a result of visits made by you are governed by our terms and conditions of sale.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or 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 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 site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from 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. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable usage policy.
If you wish to make any use of material on our site other than that set out above, please address your request to info@Artf.ly
Links from our site
Where our site 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 contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact info@Artf.ly
Thank you for visiting our site.
The Data Controller
The Data Controller for WHoArtNow, who will determine why and how personal data is to be processed is Patrick Perkins. Patrick Perkins will look after the data for WHoArtNow, Mezoo.co.uk, Graff.io, Artf.ly and any other future brands that may be operated by WHoArtNow LTD.
Patrick Perkins can be contacted at firstname.lastname@example.org
The purposes of processing data, as deemed by the Data Controller, are for marketing purposes including Email Marketing, Facebook Ads, Google Analytics, and for processing orders.
Patrick Perkins, the Data Controller, understands that the data subject has the following:
– The right to withdraw consent, at no detrimental cost or judgement to the subject
– The right to lodge a complaint with the ICO – the details on how to do so will be outlined below.
The data shared with us will be accessed by our Marketing Team, the Production/Print Team (if we are fulfilling an order) and the Directors. Occasionally, we may share the information with our third party advertisers and third party legal advisers who will understand that they may analyse your information as a group, not addressing singular focus to one person.
The data will not be transferred out of jurisdiction, however should it need to be, we will contact the relevant parties. The data will remain strictly safeguarded on our servers and password protected.
We will keep the data for a period of five years for marketing purposes, at which point we will re-evaluate the data to determine whether the legal basis is still the legitimate interest that the data subject is interested in art.
There may be automated decision making based on the engagement to our mailing lists, which is determined based on a data subject’s interactions with our newsletters. This will be the only case of automation used.
Submitting a complaint to the ICO
If you have a concern about our practices, please visit: https://ico.org.uk/concerns/
You may also call the ICO helpline at 0303 123 1113