TERMS & CONDITIONS
1.1 This website is operated by STUARTIST. Throughout the site, the terms “we”, “us” and “our” refer to STUARTIST. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By visiting our site and/ or purchasing something from us, you engage in our conditions and agree to be bound by the following Terms & Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.3 Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
1.4 Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. BUYING OUR ART
2.1 By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.
2.2 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3 You must not transmit any worms or viruses or any code of a destructive nature.
2.4 A breach or violation of any of the terms will result in an immediate termination of your services.
2.5 We sell our art via our Zyro store and our payment gateway is PayPal who allows us to sell our products and services to you. PayPal have SSL certificates to assure you of safety in using their services.
2.7 We do not store your payment details. However PayPal may do so. Please be aware of this when placing an order.
2.8 We are not responsible for any mistakes PayPal may make in regards to your payment.
2.9 After clicking a Buy Now button, you will be re-directed to PayPal where your payment will be their responsibility.
3. GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone for any reason at any time.
3.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
4.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Prices for our products are subject to change without notice.
5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS OR SERVICES
6.1 We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
6.2 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.3 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
7.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. OPTIONAL TOOLS
8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
8.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
9. THIRD-PARTY LINKS
9.1 Certain contents, products and services available via our service may include materials from third-parties.
9.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
9.4 Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. DISPUTE RESOLUTION
10.1 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
11.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
11.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
11.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
11.4 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. PERSONAL INFORMATION
13. ERRORS, INACCURACIES AND OMISSIONS
13.1 Occasionally there may be information on our site or in the Conditions that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
13.2 We undertake no obligation to update, amend or clarify information in the Conditions or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Conditions or on any related website, should be taken to indicate that all information in the Conditions or on any related website has been modified or updated.
14. PROHIBITED USES
14.1 In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
15.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
15.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
15.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
15.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
15.5 In no case shall STUARTIST, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
15.6 Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16.1 You agree to indemnify, defend and hold harmless STUARTIST and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensees, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17.1 In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
18.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
18.2 These Terms & Conditions are effective unless and until terminated by either you or us.
18.3 You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
18.4 If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
19. ENTIRE AGREEMENT
19.1 The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
19.2 These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to “The Conditions” constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
19.3 Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
20. CHANGES TO TERMS and CONDITIONS
20.1 You can review the most current version of the Terms & Conditions at any time at this page.
20.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website.
20.3 It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
21. COLOUR DISCLAIMER
21.1 Actual colours of our products may vary depending on the device you use. This is due to the fact that every device screen has a different capability to display colours and that everyone sees these colours differently. We try to edit our photos to show the images as life-like as possible, but please understand the actual colour may vary slightly from your screen.
21.2 We cannot guarantee that the colour you see accurately portrays the true colour of the product.
21.3 We at STUARTIST take utmost care in our artwork reproduction process in order to maintain consistency and a high quality of printed artworks on offer to you. We are not responsible for any colour conflictions or corrections
22. SECONDARY ART
22.1 We at STUARTIST take careful consideration when purchasing our secondary artwork. The artwork is offered for sale in its current and original condition as purchased by us, this is to preserve its original integrity as far as possible. Due to the nature of how our secondary art has been stored, handled and obtained by previous owners, you the buyer accepts that the current condition as described by us, is due to natural wear, tear and an ageing process over time. The majority of our secondary art is framed, therefore the condition is generally subject to frame and mount defects or minor external damage. In the case of open canvasses, they may be subject to minor scuffs or slight discoloration. In all cases, the actual artworks are clean, clear and of good quality and condition. You the buyer takes sole responsibility for your secondary art purchase. If you the buyer are unsure at point of purchase, please contact us first with any queries.
23. CONSIGNMENT SALES
23.1 A prior timescale for the sale of your artwork is to be agreed between you the owner and us the seller. Full payment in advance for this service is required which will include our service charges and a consultancy fee with a minimum of one month initial consignment, after which there is no time limit for the sale period which can be extended accordingly on a month by month basis. If at anytime after the first month during an extended sale period, you have the right to cancel giving a minimum of one weeks notice. There is no refund applicable for advance payments. You the owner agree to these terms and conditions for the consignment sale of your artwork.
23.2 In the event of us selling your artwork, we will liaise with you to agree the sale price and provide you with full delivery instructions of the purchaser. You will be responsible for organising the packaging and delivery of the artwork to the purchaser and you the owner will be responsible for all delivery costs incurred. After the point of sale, you take full responsibility for the after sale process which will only commence after you are satisfied and receive the sale payment in full excluding our sale commission of 18% which is to be deducted from the full sale price.
23.3 We use a direct sales approach when selling your artwork for you by using our trusted online sales platform and links to our marketing network of buyers including all events, promotions and auctions. STUARTIST will display your artwork in our Secondary art section on our website. For this service, we require a clear resolution JPEG format image which can be sent as a download via email or sent to us on USB plug in device. We will offer advice on this if required. The sale process and timescale will commence only after the artwork has been loaded onto our sales platform.
23.4 We offer art at auctions, events and exhibitions as part of our promotional and sales strategy. For this service we require physical possession of your artwork as a consignment sale. We will liaise with you the owner to arrange for delivery of your artwork to us. Parts 23.1 and 23.2 of the consignment sales T&C’s apply to this service and form part of the sales process. We carry full liability insurance which includes the storage, transit and display of your artwork.
23.5 Our consignment sales service is a no guarantee of sale policy and you the owner agree to the above terms and conditions of sale.