Terms & 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, subject to 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 these Terms and Conditions (“Terms”), including any additional terms and conditions and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not access the website or use our services.
Any new features or tools added to the website will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Changes will not affect orders already placed where doing so would be contrary to your legal rights.
SECTION 1 – ONLINE STORE TERMS
By using this website, you confirm that you are legally able to enter into a binding contract. If you are under the age of 18, you should use this website only with the involvement and permission of a parent or guardian.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any applicable laws, including copyright laws.
We reserve the right to restrict or terminate access to our website or services where there has been a material breach of these Terms, subject to applicable law.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse an order where we have a legitimate reason to do so, subject to applicable law.
Information you submit through our website may be transmitted across networks and adapted to meet technical requirements. Payment information is processed using the relevant payment provider's security measures.
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 without our express written permission.
The headings used in these Terms are included for convenience only and do not affect their interpretation.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information on our website is accurate and up to date. However, information is provided for general purposes and may occasionally contain errors or omissions.
Where information is historical, it is provided for reference only and may not reflect current circumstances.
We reserve the right to update website content at any time. This does not affect your statutory rights or our obligations in relation to purchases already made.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services may change from time to time. The price applicable to your order will be the price displayed at the time you place your order, subject to correction of any genuine pricing error in accordance with applicable law.
We reserve the right to modify, suspend or discontinue any part of our website or services. Where a change affects an existing order or booking, we will act in accordance with our contractual obligations and applicable law.
SECTION 5 – PROMOTIONAL OFFERS AND DISCOUNTS
From time to time, Caroline Tatham Art may offer promotional discounts or special offers on art prints, in-person courses and online courses. These offers may be communicated through our website, email marketing or other promotional materials.
Each offer will be subject to any specific terms and conditions communicated at the time, which may include an expiry date, eligibility requirements, minimum spend or restrictions on combining offers.
Unless otherwise stated, promotional offers cannot be applied retrospectively to purchases already made. Offers cannot be exchanged for cash or transferred to another person unless expressly stated.
We reserve the right to amend or withdraw a promotional offer where permitted by law. Any changes will not affect purchases already completed or rights already acquired under an existing offer.
All promotional prices, discounts and claims about savings will be presented accurately and in accordance with applicable consumer protection law.
SECTION 6 – PRODUCTS OR SERVICES
We sell art prints and offer in-person and online courses through our website.
We make reasonable efforts to display product images and colours as accurately as possible. However, colours may appear differently depending on your screen, device and display settings. Images are intended to provide a representation of the product and may not reproduce every detail exactly.
Our prints are produced and dispatched through a third-party print-on-demand supplier. Production and delivery times may therefore depend on that supplier. However, your purchase contract is with Caroline Tatham Art, and we remain responsible for meeting our obligations to you under applicable consumer law.
We reserve the right to limit quantities, discontinue products or amend product descriptions and prices for future orders. Any such changes will not affect your existing statutory rights.
We aim to ensure that our products and services meet the descriptions provided on our website. Nothing in these Terms excludes any rights you may have under applicable consumer law, including rights relating to goods that are faulty, damaged, misdescribed or not fit for their intended purpose.
In-person and online courses are subject to the relevant course-specific terms and booking information provided at the time of purchase.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where we have a legitimate reason to do so, subject to applicable law.
If we need to amend or cancel an order, we will make reasonable efforts to contact you using the email address or other contact details provided when placing the order.
You agree to provide current, complete and accurate purchase and account information. You should promptly update your contact details where necessary so that we can process your order and contact you if required.
If we cancel an order after payment has been taken, we will refund any payment due to you in accordance with applicable law.
SECTION 8 – DELIVERY
Delivery is free of charge within the UK, unless otherwise stated on the website. Delivery charges for destinations outside the UK, where available, will be displayed during the ordering process.
Customers outside the UK are responsible for any applicable import duties, customs charges or taxes payable in the destination country, in addition to any delivery charges, unless otherwise stated.
It is your responsibility to provide a correct and complete delivery address when placing an order. Please contact us as soon as possible if you notice an error in your delivery details.
If an order cannot be delivered because an incorrect address was provided, we will consider the circumstances before arranging any replacement or redelivery. Additional costs may apply where appropriate and permitted by law.
Delivery estimates are provided in good faith but may be affected by production, fulfilment or postal delays. If an order is delayed or does not arrive, please contact us at info@carolinetathamart.co.uk so that we can investigate with our fulfilment supplier.
Unless otherwise agreed, goods must be delivered within the period required by applicable consumer law.
SECTION 9 – CANCELLATIONS, RETURNS AND REFUNDS
Our prints are produced and dispatched through a third-party print-on-demand supplier.
9.1 Cancelling an order before production or dispatch
If you wish to cancel an order before production has begun, please contact us as soon as possible at info@carolinetathamart.co.uk.
Once production has started, it may not be possible to stop the order. However, this does not affect any statutory cancellation rights that apply to your purchase.
9.2 Change-of-mind returns
We do not offer voluntary returns or exchanges for unwanted prints or change-of-mind purchases beyond any rights provided by law.
For standard prints purchased online, consumers will generally have a statutory right to cancel within 14 days of receiving the goods under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
To exercise this right, please notify us at info@carolinetathamart.co.uk within the applicable cancellation period. If you cancel, you will normally have a further 14 days to return the print.
Unless the print is faulty, damaged or incorrectly supplied, you will normally be responsible for the direct cost of returning it, provided you were informed of this before placing your order.
If you handle the print beyond what is necessary to establish its nature, characteristics and functioning, we may be entitled to deduct any legally permitted reduction in value from your refund.
The statutory cancellation right does not generally apply to goods made to the consumer's specifications or clearly personalised. However, the fact that a standard print is printed to order or dispatched by a third-party supplier does not, by itself, remove the right to cancel.
9.3 Damaged, faulty or incorrect prints
Please inspect your order upon receipt and contact us as soon as reasonably possible if your print arrives damaged, faulty or different from the item you ordered.
Email info@carolinetathamart.co.uk with your order details, a description of the problem and clear photographs where possible. We will work with our fulfilment supplier to investigate and arrange an appropriate resolution.
Depending on the circumstances and your legal rights, this may include a replacement or refund. Where a return is necessary because an item is faulty, damaged or incorrectly supplied, we will explain the arrangements and will not require you to bear return costs that we are legally responsible for.
Nothing in these Terms limits your statutory rights in relation to faulty, damaged or misdescribed goods.
9.4 Refunds
Where a refund is due, we will process it in accordance with applicable law and, where possible, using the original payment method.
For cancellations under the statutory cooling-off period, refunds will normally include the cost of standard delivery originally paid, where applicable. Any additional cost incurred by choosing a more expensive delivery option may be excluded as permitted by law.
We cannot guarantee that a third-party supplier will approve a claim under its own policies, but this does not remove any rights you have against us under applicable law.
9.5 In-person and online courses
Bookings for in-person and online courses are subject to the relevant course-specific terms and booking information provided at the time of purchase. These terms will explain any course-specific arrangements relating to cancellations, refunds, course dates, access to course materials and participation.
Where a statutory cancellation right applies to a course booking, we will respect that right. If you request that a course or service begins during the cancellation period, or that digital content be made available during that period, we will obtain any consent and acknowledgement required by law.
Nothing in these Terms or in our course-specific terms excludes or restricts your statutory rights.
SECTION 10 – COPYRIGHT AND INTELLECTUAL PROPERTY
Copyright © Caroline Tatham. All rights reserved.
All artwork, designs, photographs, images, text and other creative content used on the Caroline Tatham Art website and in products sold through it are owned by Caroline Tatham or used with permission, and are protected by applicable intellectual property laws.
No part of the artwork may be reproduced, copied, manipulated, distributed, published or transmitted in any form or by any means, electronic or mechanical, without the artist's prior written permission, except where permitted by law.
Purchasing a print does not transfer ownership of the copyright or grant permission to reproduce, distribute, adapt or commercially use the artwork.
All rights in the artwork remain with the relevant copyright owner.
SECTION 11 – OPTIONAL TOOLS
We may provide access to third-party tools or services over which we have limited control.
Such tools may be provided by third-party suppliers under their own terms and conditions. Where you use these tools, you should review the relevant provider's terms and policies.
We are not responsible for third-party tools except to the extent required by applicable law.
Any new features or services introduced through our website will also be subject to these Terms and any additional terms communicated to you.
SECTION 12 – THIRD-PARTY LINKS
Our website may contain links to third-party websites or services.
These links are provided for convenience or information. We do not control third-party websites and are not responsible for their content, availability or policies.
If you choose to access a third-party website or purchase a product or service directly from a third party, you should review that party's terms and privacy policies.
Nothing in this section affects our responsibility for products purchased directly from Caroline Tatham Art, including prints fulfilled by our third-party printing supplier.
SECTION 13 – USER COMMENTS, FEEDBACK AND SUBMISSIONS
If you send us comments, suggestions, ideas or other materials, you agree that we may use them to respond to your enquiry or improve our services.
We will not assume ownership of your intellectual property merely because you submit feedback to us.
If we wish to publish or use your comments in a promotional context, where appropriate we will seek your permission.
You must ensure that any content you submit does not infringe the rights of others, contain unlawful or offensive material, or include malicious software.
You are responsible for the content you submit. We reserve the right to remove or decline to use submissions that are unlawful or inappropriate.
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, delivery estimates or availability.
We reserve the right to correct errors and update information. If an error materially affects an order you have placed, we will contact you and take appropriate action in accordance with applicable law.
We will not use this provision to remove or restrict any statutory rights you may have.
SECTION 15 – PROHIBITED USES
You must not use the website or its content:
(a) for any unlawful purpose;
(b) to encourage others to engage in unlawful acts;
(c) to violate applicable laws or regulations;
(d) to infringe our intellectual property rights or those of others;
(e) to harass, abuse, threaten, defame or discriminate against others;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malicious code or other harmful material;
(h) to collect or misuse the personal information of others;
(i) to send spam or engage in fraudulent activity;
(j) for any unlawful or abusive purpose; or
(k) to interfere with or circumvent the security features of the website or related services.
We reserve the right to restrict access to our website where there is a breach of these Terms or misuse of our services, subject to applicable law.
SECTION 16 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We aim to keep our website available and functioning correctly, but we cannot guarantee that it will always be uninterrupted, secure or free from errors.
Website content is provided for general information. While we make reasonable efforts to ensure its accuracy, we cannot guarantee that all information will be complete or current at all times.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for fraud, fraudulent misrepresentation or death or personal injury caused by negligence.
If you are a consumer, nothing in these Terms affects your statutory rights. In particular, we do not exclude or limit our obligations relating to the quality, description or delivery of goods, or the provision of services, where those obligations apply under consumer law.
Subject to the above, we will not be liable for losses that were not reasonably foreseeable when the relevant contract was made, or for losses arising from circumstances outside our reasonable control, to the extent permitted by law.
We are not responsible for the independent acts or omissions of third-party providers except where applicable law or our contractual obligations make us responsible.
SECTION 17 – INDEMNIFICATION
If you use our website in breach of these Terms or unlawfully infringe the rights of another person, you may be responsible for losses or costs that arise directly from that conduct, to the extent permitted by law.
Nothing in this section imposes liability on a consumer beyond what is permitted by applicable law or limits any rights you may have as a consumer.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.
The remaining provisions will continue to apply, provided that this does not affect any rights you have under applicable law.
SECTION 19 – TERMINATION
We may restrict or terminate your access to our website where you materially breach these Terms or misuse our services, subject to applicable law.
Ending access to the website does not affect any rights or obligations that arose before termination, including obligations relating to orders already placed.
You may stop using our website at any time. Any cancellation of a purchase or booking must be dealt with in accordance with the relevant terms and applicable law.
SECTION 20 – ENTIRE AGREEMENT
These Terms, together with any policies and additional terms expressly referred to or provided at the time of purchase, govern your use of our website and the relevant services.
They replace any previous versions of these Terms in relation to future use of the website and future purchases, subject to any existing contractual rights.
If we do not enforce a provision of these Terms immediately, this does not mean that we waive our right to enforce it later.
If there is any conflict between these general Terms and a specific term provided for a particular product or course, the specific term will apply to that matter only to the extent that it is consistent with applicable law.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements under which we provide products or services are governed by the laws of England and Wales, unless the mandatory consumer protection laws of another jurisdiction apply.
If you are a consumer living in another part of the UK or another country, you may also benefit from mandatory rights under the laws applicable to your circumstances.
Nothing in this section removes any right you may have to bring proceedings in a court that has jurisdiction under applicable law.
SECTION 22 – CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting revisions on our website. The updated version will show the date on which it was last revised, where appropriate.
Changes will apply to future use of the website and future purchases. They will not retrospectively remove rights or alter the terms of an existing contract where doing so would be contrary to applicable law.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to:
Email: info@carolinetathamart.co.uk