Agreements to terms
AGREEMENT TO TERMS (LAST UPDATED 17/11/22)
Welcome to jwalker.studio Artist J Walker and team provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read these terms and conditions carefully, as they affect your legal rights.
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website.
If you do not agree to be bound by these terms and conditions, you should cease to use the website immediately.
You must be at least 18 years of age to use this website. By using the website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
This Terms of Use and Privacy Policy information relates specifically to the operation and use of the website jwalker.studio/.
We operate the website jwalker.studio/ (the “Website”) through which we provide you our services, (collectively, the “Services” which include the provision and use of the Website).
The Website is an online entity offering a portal/gateway by which you can view and purchase ‘one-of-a-kind’, commissioned and limited edition, artwork and limited edition and short run goods based on the artist’s work and professional design activities.
You can contact us by email at in**@jw*****.studio, or by post (Calle Jaume Puigvert, 7, Planta 1, Can Baro, 08024 Barcelona). These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and concerning your access to and use of the Website and the Services therein. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in jwalker.studio’s sole discretion, to make changes or modifications to these Terms Of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed as each time you access the Services, you will be subject to, and will be deemed to have been made aware of and to have accepted, the then applicable Terms of Service.
GENERAL
The information and imagery provided when using the site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Services are not tailored to comply with industry-specific regulations, so if your interactions would be subjected to such laws, you may not use these Services. You may not use the Services in a way that would violate any regulation.
SITE HOSTING
The Website is hosted on a french server. The website is operated by and for artist J Walker, his employees and affiliates. You can contact us via email at in**@jw*****.studio
WE DO NOT REPRESENT THAT THE INFORMATION PROVIDED BY OUR WEBSITE WILL MEET YOUR SPECIFIC REQUIREMENTS, PROTECT YOUR SPECIFIC INTERESTS. THE INFORMATION IS NOT PROVIDED WITH ANY GUARANTY, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
JWALKER.STUDIO CANNOT BE HELD LIABLE FOR ANY DAMAGE RESULTING FROM ACCESS TO OR BROWSING ON THE SITE, INCLUDING ANY DETERIORATION AND/OR VIRUS THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY.
USER REPRESENTATIONS
By using the site and service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
PRIVACY NOTICE
We care about data privacy and security. Please review our Privacy Notice to understand our use of your personal information. You acknowledge that you have reviewed and understand our Privacy Notice.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website from time to time and will endeavor to give you notice of such changes.
Nothing in these Terms of Service will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the United Kingdom applicable to agreements made and to be entirely performed within UK without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal negotiations
We try to avoid any dispute, so we deal with complaints in the following way:
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration or litigation (as applicable per below). Such informal negotiations commence upon written notice from one Party to the other Party.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THERE OF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY WEBSITE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR STAAQ TECHNOLOGY’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY (DIRECT OR INDIRECT): (A) LOSS OF DATA, (B) LOST PROFIT, OR (C) LOST REVENUE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING AND (B) THE SUM OF 100 EUR.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable lawyers’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Services; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services..
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website or using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
You and jwallker.studio/ are independent entities and shall so represent ourselves in all regards. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Services.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
GOODS REFUND POLICY
It is very important to us that you are happy with your artwork/Goods. however, if for any reason you aren’t, you can return the goods within 30 days of delivery, undamaged, for a refund (minus any shipping costs). Artwork must be sent back by tracked delivery in its original packaging or packaged securely. It remains the responsibility of the sender until it is is confirmed as arriving (returned) in undamaged condition
Please note: Commissioned pieces cannot be returned or refunds granted..
POSTAGE AND PACKAGING
All orders are wrapped and packed securely to prevent the artwork being damaged in delivery.
Shipping is (usually) included in the price of all ORIGINAL ARTWORKS.. Shipping charges apply to all other products (such as purchases through our GIFT SHOP) and will be added at check out based on delivery address.
Items will be insured and protected. A signature by the purchaser (preferred) or a trustworthy person within the purchases group of known associates will be required to sign for the goods parcel (and for it to be deemed valid as proof of arrival). We will contact you with estimated delivery dates and the information on the delivery service being used.
INTERNATIONAL TAXES/CUSTOMS CHARGES
You may be charged taxes and duties (if you are purchasing from outside the European Union for example) when your parcel arrives in the country. This is the responsibility of the purchaser to pay. Customs policies vary widely from country to country; you should contact your local customs office to find out more.
Sales tax will be included in the price of purchases as deemed required by us. Amounts due under these Terms of Service are payable to us without deduction and are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, “Sales Tax”). Except as forbidden by applicable law, we may require that you submit applicable Sales Taxes to us. However, the preceding sentence does not apply to the extent that you are tax exempt, provided you give us a valid tax exemption certificate within thirty (30) days of making a purchase on the site
If you are unsatisfied with any aspect of our site or services, please email us at in**@jw*****.studio.
INTELLECTUAL PROPERTY RIGHTS
All content included on the website, unless uploaded by users, is the property of JWalker.studio and the artist J Walker, our affiliates or other relevant third parties. In these terms and conditions, content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this website, including any such content uploaded by users. By continuing to use the website you acknowledge that such content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
ACCEPTABLE USE
You may, for your own personal, non-commercial use only, do the following:
Retrieve, display and view the content on a computer screen.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of the Website or the artist J Walker.
PROHIBITED USE/PROHIBITED ACTIVITIES
You may not access or use the information on the Website for any purpose other than that for which we make the website available. The website and it’s contents may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You may not use the website in any way which causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website; in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner of the Website.
As a user of the site, you agree NOT to:
• Use the site to advertise or offer to sell goods and services.
• Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any Content
• Engage in unauthorized framing of or linking to the site.
• Engage in any automated use of the Website, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
• Use any information obtained from the Website in order to harass, abuse, or harm another person.
• Decipher, decompile, disassemble, or reverse engineer any of the Software comprising or in any way making up a part of the Website.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website.
• Disparage, tarnish, or otherwise harm, in our opinion, the Website, and/or the Services.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
PRIVACY and COOKIES POLICY
The use of the Website is also governed by our PRIVACY POLICY & COOKIES POLICY, which are incorporated into these terms and conditions by this reference.
WEBSITE AVAILABILITY & DISCLAIMERS
Any online facilities, tools, services or information that we make available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. JWalker.studio is under no obligation to update information on the website.
While we endeavour to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users take responsibility for their own security, that of their personal details and their computers. We accept no liability for any disruption or non-availability of the website.
We reserves the right to alter, suspend or discontinue any part (or the whole of) the website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
LINKS TO OTHER WEBSITES AND RESOURCES
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of JWalker.studio or the artist J Walker or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
LIMITATION OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, we accept no liability for any of the following:
Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; loss or corruption of any data, database or software; any special, indirect or consequential loss or damage.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
TERMS AND CONDITIONS AS RELATED TO SUPPLY OF GOODS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make ensure that they are aligned with your expectations and do not contain condition that you do not wish to comply with.
APPLICATION
These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are J Walker of (refer to address provided) at email address jwalker.studio, (the Supplier or us or we).
These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the website if you are eligible to enter into a contract and are at least 18 years old.
INTERPRETATION
Customer means an individual buying Goods from J Walker.
Contract means the legally-binding agreement between you and us for the supply of the Goods;
Delivery Location means the customer’s premises or other location where the Goods are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means the goods advertised on the website that we supply to you of the number and description as set out in the Order;
Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the website;
Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the website;
Website means our website jwalker.studio on which the Goods are advertised.
GOODS
The description of the Goods is as set out in the website, catalogues, brochures, books, flyers or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods which appear on the website are subject to availability.
We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
PERSONAL INFORMATION
We retain and use all information strictly under the Privacy Policy.
BASIS OF SALE
The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
PRICES AND PAYMENT
The price of the works of art/goods and any additional delivery or other charges is that which is set out on the website at the date of the order or such other price as may be agreed in writing (digital or otherwise). Prices and charges include taxes at the rate applicable at the time of the order.
You must pay by submitting your credit or debit card details with your order We therefore can take payment immediately or otherwise before delivery of the Goods.
Pricing of the artwork for sale on the website may be updated without prior notice.
These possible price changes are based on various factors including/and not exclusive to market forces / artist’s industry standing / reputation, work saleability, material and commodity costs.
Accepted Forms of Payment:
We accept the following forms of payment:
• Visa
• Mastercard
• American Express
• Discover
• Any other Stripe supported card brands
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
RESERVATION OF THE RIGHT OF ORDER REFUSAL
We also reserve the right to refuse any order placed through the Services. In such case we will notify you by email and refund the money that you have paid.
DELIVERY
We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
You may need to pay import duties or other taxes, if Goods are to be delivered outside the EU. It is your responsibility to pay any import duties due on Goods supplied by J Walker.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
RISK AND TITLE OF GOODS
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.
WITHDRAWAL AND CANCELLATION
You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the contract except for any Artworks/goods which are made/commissioned to your special requirements (the Returns Right) by telling us no later than 30 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the goods in undamaged condition at your own expense. Then we must, without delay refund to you the price for those goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective goods. This Returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
Artworks/goods that are made to your specifications or are clearly personalised; goods which are liable to deteriorate or expire rapidly.
Also, the Cancellation Rights for a Contract cease to be available in the following circumstances: in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
RIGHT OF CANCELLATION
Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie installments), the right to cancel will be 30 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
DEDUCTION FOR GOODS SUPPLIED
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
TIMING OF REIMBURSEMENT
If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than: 14 days after the day we receive back from you any Goods supplied, or, (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
RETURN OF GOODS
If you have received Artworks/goods in connection with the contract which you have cancelled, you must send back the Artworks/goods or hand them over at the address provided in these Terms of Use without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Artworks/goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Artworks/goods.
CONFORMITY
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
Be of satisfactory quality; be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY.
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable; and the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.
PRIVACY
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy. For the purposes of these Terms and Conditions:
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can email: in**@jw*****.studio
EXCLUDING LIABILITY
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (eg loss of profit) to the customer’s business, trade, craft or profession which would not be suffered by a consumer – because the Supplier believes the customer is not buying the goods wholly or mainly for its business, trade, craft or profession.
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