| 1. Overview
1.1 This agreement describes the terms and conditions that govern your use of this website. By placing an order with Reflections Art you acknowledge that you are bound by the terms and conditions listed below:
1.2 Before you become a user of this website, you must read, agree with and accept all of the terms and conditions contained in this agreement. You agree that the terms and conditions, which may change from time to time. These terms, conditions and Policies are referred to collectively as Website Terms. By accepting this agreement you agree to be bound by all the Website Terms.
1.3 We may, at our sole discretion, vary or modify these Website Terms from time to time. The amended Website Terms will be posted on this website. Any subsequent access to, or use by you, of this website will constitute an acceptance of these Website Terms as they appear at that time.
1.4 Except as specifically permitted under the terms of this agreement, these Website Terms cannot be amended except in writing signed.
General terms and conditions
The following general terms and conditions apply to all users of this website.
2. Your obligations
2.1 You must not:
(a) use this website for any activities which breach any laws or regulations or infringe any third party rights;
(b) use this website to send any spam or unsolicited electronic mail messages to anyone;
(c) use this website for fraud or any misleading or deceptive conduct;
(d) use the personal information of another person in order to access or use this website;
(e) tamper with, hinder the operation of or make unauthorised modifications to this website; or
(f) transmit any bug, virus or other disabling feature to or through this website.
3. Information and content
3.1 The content and format of this website may be changed by us at any time, without notice, in our absolute discretion.
3.2 This website includes information and content provided by third parties. We verify Third party information to our best knowledge, however some Third Party Information, may not be complete, timely or accurate for your purposes.
3.3 This website includes information and content developed by us. You acknowledge and agree that:
(a) Our Information is intended only to provide a summary of the relevant subject matter and its brevity could lead to misinterpretation
(b) while we use all reasonable endeavours to ensure that our Information is up to date, this is not always possible due to the fast moving nature of internet technology; and
(c) Our Information may include certain errors, omissions or outdated information from time to time.
3.4 You should not rely on Our Information as your exclusive or primary source of information. You should not use Our Information to replace advice given by a qualified professional.
3.5 The artworks made available for sale on the site may not always be in the physical possession of Reflections Art Gallery and may be physically located anywhere in the world.
3.6 The artwork made available for sale on the site will be sold at the price listed and no discounts will be granted to the buyer unless stated. The price of the artwork includes taxes, duties, courier charges and handling within UK mainland. The price of the art work shipped to locations outside those listed above does not include duties, taxes, courier charges and handling, which will be charged at a minimum of as applicable and would depend on the physical location of the artwork as well as the shipping address provided by the buyer. The information provided during the time of finalising a purchase shall be the final billing address and shipping address for delivery of the artworks. The buyer warrants that all the information provided at the time of payment is true and correct and any change in the information provided will be updated and intimated to Reflections Art immediately. Reflections art reserves the right to verify information provided which may delay the shipment of the artwork.
3.7 The buyer agrees that the buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 3.6 and these charges will be payable in addition to the price of the artwork. The buyer agrees that they will be charged extra for courier depending on the shipping address as per clause3.6 in addition to the price of the artwork.
3.8 All invoices will be raised by ‘Nytec UK’ based on the information provided by the buyer or amended at the time of purchase.
3.9 Reflections Art is not obligated to provide any physical preview of the artwork either before or after the sale. Further Reflections Art guarantees that all artworks sold are in good condition. However, after the sale, should the buyer find that the piece is damaged, there must be reasonable evidence to suggest that it was provided in that condition for a return on money back. Should they fail to provide reasonable evidence, the gallery would not be liable to the damages. All artworks displayed on the site is supported by an authenticity guarantee by Reflections Art.
4. Security, viruses and linking
4.1 We do not guarantee the security of this website. We do not warrant that access to this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
4.2 Should you leave this site via a third party link, you acknowledge that:
(a) you do so at your own risk;
(b) the content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(c) the link does not represent any endorsement by us of the products or services offered on the linked site.
5. Intellectual property
5.1 All intellectual property rights in this website, including any information, software and tools accessed via this website, will remain vested in us.
5.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public this website, or any information, software and tools accessed via this website.
6. Confidentiality and privacy
6.1 Any communication or material sent by you to this website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in any applicable privacy laws.
6.2 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of this website.
7. Our liability
7.1 Subject to any applicable law:
(a) we give no warranties, and you have no other rights, apart from those, if any, expressly set out in these Website Terms; and
(b) all implied conditions, warranties and rights are excluded.
7.2 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(a) in connection with the supply of artwork, to any one or more of the following, as we may determine- the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
7.3 Subject to paragraphs 7.1 we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(a) indirect or consequential loss or damage; or
(b) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature, suffered by you or any other person and arising out of any breach or other act or omission in connection with these Website Terms.
7.4 Subject to this paragraph 7, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with these Website Terms will not exceed the total amount paid by you for use of this website.
7.5 You acknowledge that we have engaged a third party to manage this website on our behalf and to the fullest extent permitted by law, you must no make any claim or commence any proceeding against that Third Party Website Manager in connection with your use of this website.
8. Miscellaneous
8.1 These Website Terms record the entire agreement between you and us and supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of these Website Terms.
8.2 If any part of these Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
8.3 Any failure or delay by us to exercise or enforce these Website Terms does not waive our rights to enforce these Website Terms.
8.4 If you have any questions or feedback about this website or these Website Terms, please contact sales@reflections-art.com.
Last updated: [10/04/2011]
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