1. Acceptance of Terms
By using the Services/Website you are fully accepting these terms and all disclaimers contained in this agreement. If you do not accept any or all of these terms you must immediately stop using the Services/Website.
We reserve the right to update or amend these Terms and Conditions at any time without prior notice. Continued use the Services/Website following any changes shall be deemed to be your acceptance of the change(s). It is your responsibility to check the Terms and Conditions regularly.
2. Registering with Art Pistol
In order to enjoy the use of Art Pistol’s Services you must register with Art Pistol and create an account, becoming a ‘Registered User’. There is no fee to register with Art Pistol. Use of Art Pistol’s Services/Website is free.
You are required to register a Username and Password for use with the Service and take sole responsibility for maintaining their confidentiality.
You are responsible for all activity that takes place under your account and agree to notify Art Pistol immediately of any unauthorised use of your password or account or any other breach of security. In no event will Art Pistol be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your Username and/or Password.
If Art Pistol detects any change/update to your personal information, username and/or password you will receive an alert from Art Pistol notifying you to confirm that you are undertaking this activity.
You may not use another person’s account at any time, without the express permission of the account holder.
Art Pistol reserve the right to disable access and remove the right to use their Services/Website for any Registered User found to be in breach of these Terms and Conditions.
3. Availability of Services/Website
Art Pistol’s Services/Website are expected to be available 24 hours a day, 7 days a week.
Occasionally routine maintenance and upgrades will need to be performed that will result in the Services/Website being unavailable for brief periods. Where possible these periods will be scheduled for times of low usage to minimise any disruption.
Art Pistol will not be held liable for any loss arising due to the Services/Website being unavailable for the above reason or any other reason causing disruption.
4. Acceptable Use
You acknowledge that all information, text, artworks, images, moving images and other materials (the Content), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such content originated.
Art Pistol cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services/Website you may be exposed to Content that is offensive and/or indecent.
You must not attempt to copy, reproduce or duplicate any of the artwork, images or moving images displayed on Art Pistol’s Website for any purposes. Artists displaying their work with Art Pistol own full copyright of their work(s). Art Pistol will not be held liable for any artworks found to be copied, reproduced and/or duplicated.
In using Art Pistol’s Services/Website you agree not to:
- Send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- Post, publish, distribute or disseminate material or information that is defamatory, infringing obscene, indecent, threatening, abusive, harassing or unlawful;
- Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
- Threaten abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Use any information or material in any manner that infringes any copyright, trademark patent or other proprietary right of any party;
- Make unavailable or upload files that contain a virus, worm, Trojan or corrupt data that may damage the operation of the computer or property of another;
- Collect or store personal information about others, including email addresses;
- Impersonate any person or entity for the purpose of misleading others;
- Violate any applicable laws or regulations;
- Use the Services/Website in any manner that could damage, disable, overburden or impair the Services/Website or interfere with any other party’s use and enjoyment of the Services/Website;
- Post, publish, distribute or disseminate material or information that you do not have a right to transmit under law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- Attempt to gain unauthorized access to any of the Services/Website, other accounts, computer systems or networks connected to the Services/Website through hacking, password mining or any other means;
- Art Pistol will be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
It is your responsibility to check Art Pistol’s Terms and Conditions every time you place an order with Art Pistol as they can change without prior notice.
All orders are placed online using Art Pistol’s online ordering form. You must not attempt to contact an Artist direct using any of the tools and information provided to you by Art Pistol. All correspondence regarding the order and sale of an artwork goes directly through Art Pistol and the Website.
An order reflects the current pricing as stated on the Website. The quality, colours, materials used and supporting description of the artwork are those set out by the Artist.
All listed prices on the Website are shown in Pound Sterling. No VAT is charged on artworks purchased.
Pricings are clearly evident on each Artist’s individual pieces and have been set out by the Artist. Our contract with the Artist states they are not permitted to sell artwork at a lower price on any other Website or by any other means. Every effort is made to ensure that his is adhered to but if this is not the case Art Pistol will not be held liable.
Art Pistol reserves the right to change the prices at any time without notification. In the event that the price should change whilst an order is being placed the buyer will pay the price as was displayed at the time the artwork was selected for purchase via the online ordering system.
UK insured postage and packaging costs have been included in the listed price for the artwork for standard delivery. Standard delivery times are Monday to Friday 8am to 6pm. Any delivery made outside these specific times will incur an additional charge set out by the individual Artist and available upon request.
Additional costs for international courier services required on any overseas orders will apply. Overseas shipping zones include Europe, the Americas and the Rest of the World. International courier costs are available upon request and will be set out by the individual Artist. The charge will be made relative to the size, weight and the amount of the goods insured for postage and packaging and location.
You may be subject to additional charges from your Bank that are outside of Art Pistol’s remit. Art Pistol will not be held liable for any of these additional charges imposed.
7. Terms of Payment
Once an order has been placed and Art Pistol has received details of your payment card, you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment card. You are entering a legally binding agreement giving Art Pistol permission to deduct the full price of the artwork as listed at the time of placing your order, therefore having entered into a contract with Art Pistol.
If Art Pistol are unable to obtain full payment for the goods from your account using the payment card details you have provided, your order will be cancelled.
Art Pistol will not arrange dispatch of your purchased artwork until they have received the full listed price for artwork.
Where artworks are returned by you in accordance with your rights, Art Pistol shall credit the payment card used to purchase the artwork originally the appropriate amount.
Your personal information remains personal with Art Pistol. Unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in the event your payment card is used fraudulently you are entitled to cancel your payment and be reimbursed by the card issuer without being charged for the loss.
8. Delivery of Goods
It is fundamental that you provide Art Pistol with accurate delivery information. Please ensure you have checked the shipping address you want your purchased artwork delivered to, including postcode information.
You must ensure someone is available to sign for the artwork from our chosen courier. Once the goods have been delivered and signed for you are responsible for them.
Art Pistol will endeavour to advise as accurately as possible the delivery date of your artwork; however if no date has been agreed we will endeavour to deliver the artwork within 14 days of the date the order was placed. Art Pistol will not be held accountable for delays beyond our control and by placing an order with us you are agreeing to these delivery terms.
If you choose to order multiple artworks from Art Pistol, please note that delivery will be made in instalments on various dates. Each delivery will be seen as an individual contract and not as one whole contract and therefore the terms and conditions must be looked at individually and not as one entity.
All artworks delivered to you are fully insured against damages whilst in transit; should damages occur during transit or you have any doubts about the condition of the artworks when they arrive, you must claim them at the point of signing for the delivery with the courier. Failure to do so will invalidate your claim and may affect your refund.
Standard delivery times are Monday to Friday 8am to 6pm. Deliveries made outside this time will have been pre-arranged and additional courier charges may apply.
International delivery times will vary and will be arranged and agreed on an order by order basis.
Should you wish to return your purchased artwork to Art Pistol you must:
- Notify us immediately that you wish to return the artwork(s) so we can provide you with the Artists return address; and
- Return the artwork(s) in its original packaging or similar within 14 days; and
- Insure the painting for its full value during transit.
Art Pistol will refund the full amount paid for the artwork within 28 days of it being returned to the Artist in its original condition. The refund will be paid to you via the same method you used to pay for it in the first instance. It is your responsibility to return the artwork to the Artist and Art Pistol will not refund any costs toward postage and insurance costs for returning the artwork to the Artist.
If the artwork is damaged during transit back to the Artist, it is your responsibility to claim against the courier for damages. Art Pistol will not refund for any artworks damaged whilst under your responsibility. Art Pistol will help in any way we can by providing photos of the damages to use against your claim.
10. Links to Third Party Websites
The Services/Website may include links to third party Websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Websites and you acknowledge and agree that Art Pistol is not responsible for the content or availability of any such sites.
You agree to indemnify and hold Art Pistol harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Art Pistol by any third party arising out of your use of the Services and/or and content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs expense (including reasonable legal costs and expenses) howsoever suffered or incurred by Art Pistol in consequence of your breach of these Terms and Conditions.
12. Disclaimers and Limitation of Liability
Use of the Services/Websites is at your own risk. The Services/Website are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Art Pistol will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data profits) arising out of or in connection with the use of the Services/Website.
Art Pistol makes no warranty that the Services/Website will meet your requirements, that the content will be accurate or reliable, that the functionality of the Services/Website will be uninterrupted or error free, that defects will be corrected or that the Services/Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Art Pistol reserves the right to refuse use of the Services.
Art Pistol reserve the right to refuse or remove artworks, images or text posted on the Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such terms and conditions shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.