Terms and conditions

OVERVIEW

This website is operated by Caroline Tatham Art. Throughout the site, the terms “we”, “us”

and “our” refer to Caroline Tatham Art. Caroline Tatham Art offers 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.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and

agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),

including those additional terms and conditions and policies referenced herein and/or

available by hyperlink. These Terms of Service apply to all users of the site, including without

limitation users who are browsers, vendors, customers, merchants, and/ or contributors of

content.

Please read these Terms of Service carefully before accessing or using our website. By

accessing or using any part of the site, you agree to be bound by these Terms of Service. 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 of Service are considered an offer,

acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the

time on this page. We reserve the right to update, change or replace any part of these Terms

of Service 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.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, 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 dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the

use of the Service, violate any laws in your jurisdiction (including but not limited to copyright

laws).

A breach or violation of any of the Terms will result in an immediate termination of your

Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

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.

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.

The headings used in this agreement are included for convenience only and will not limit or

otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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.

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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content

thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change,

suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

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 colour will be accurate.

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 any time 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.

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.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 judgment, appear to be placed by

dealers, resellers or distributors.

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.

SECTION 7 – DELIVERY

Delivery is free of charge withing the UK only. Delivery costs outside of the UK – where

available - are as outlined on the website.

Customers outside of the UK are responsible for paying any import or customs duties that

may be applicable in addition to the delivery costs.

It is your responsibility to provide us with a correct delivery address at the time of placing

your order. If an order cannot be delivered due to a mistake in the delivery address, the

customer will be liable to pay all costs for replacing and/or resending the ordered item.

SECTION 8 – CANCELLATIONS, RETURNS AND REFUND POLICY

You may cancel your order at any stage, provided its production has not yet been initiated

and the relevant products have not yet been dispatched. To do this you must notify us in

writing by sending an email to info@carolinetathamart.co.uk.

In accordance with the Consumer Contracts Regulations, all sales are final and no refund

will be issued. We do not accept returns of unwanted items.

Please inspect your order upon receipt and contact us immediately if the item is defective,

damaged or if you receive the wrong item. To start a return under these circumstances, you

can contact us at info@carolinetathamart.co.uk. Please note that items sent back without

first requesting a return will not be accepted.

SECTION 9 - COPYRIGHT

services and the products sold may be reproduced, copied, manipulated or

transmitted in any form or by any means, electronic or mechanical, including

photocopying, recording, or any information storage and retrieval system, without

permission in writing from the artist. All artwork and images on this site are the

exclusive property of Caroline Tatham and are protected under the

International Copyright laws and agreements. The buyer of any products sold on the

Caroline Tatham Art website does not own and does not have the rights to distribute

or reproduce the artwork without the prior written consent of the artist.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have

any control nor input.

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.

Any use by you of the 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).

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 of Service.

SECTION 11 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from

third parties.

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.

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. 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.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our

sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic,

obscene or otherwise objectionable or violates any party’s intellectual property or these

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. 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.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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).

We undertake no obligation to update, amend or clarify information in the Service or on any

related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied in the Service or on any related website, should

be taken to indicate that all information in the Service or on any related website has been

modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted,

timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be

accurate or reliable.

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.

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.

In no case shall Caroline Tatham Art, our directors, officers, employees, affiliates, agents,

contractors, interns, suppliers, service providers or licensors 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.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for

consequential or incidental damages, in such states or jurisdictions, our liability shall be

limited to the maximum extent permitted by law.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Caroline Tatham Art and our parent,

subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, 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 of Service or the documents they incorporate by reference, or

your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and

enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive

the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You

may terminate these Terms of Service at any time by notifying us that you no longer wish to

use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term

or provision of these Terms of Service, 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).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall

not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in

respect to The Service 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against

the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services

shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these

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 of Service constitutes

acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@carolinetathamart.co.uk.