TERMS AND CONDITIONS
Owner
This Website is owned and operated by Heather M Nisbet, The Fox Hole, Sandside Road, Kirkcudbright, Dumfries and Galloway, Scotland DG6 4XD (“HMN” or “I” or “me” or “my”).
Terms and Conditions are part of a binding contract
These Terms and Conditions set forth the terms and conditions under which you may use this Website and services offered by me on it - such services being (1) information about, and images of, the original artwork of HMN (2) information about exhibitions, recent or upcoming events and how to contact me; and (3) an online shop (“Shop”) selling art cards and prints of my artwork (all called the “Services”). By accessing or using this Website or any of the Services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
Other applicable terms
These Terms and Conditions shall be treated as also incorporating the following additional policies, which also apply to your use of this Website and any of the Services, namely:
(1) the Privacy Policy; and
(2) the Deliveries and Returns Policy.
Using this Website and receiving any of the Services
In order to use this Website and receive any of the Services you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and Conditions as a binding agreement. You are not allowed to use this Website and/or receive any of the Services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key terms of purchasing from the Shop
When buying an item from the Shop, you agree that:
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you are responsible for reading the full item listing before making a commitment to buy it: and
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you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices I charge for my products are listed in the Shop. I reserve the right to change my prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
Returns and refunds
Please see the information in my Deliveries and Returns information and also the Limitation of Liability section (later in these Terms and Conditions).
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Ownership of intellectual property, copyright in images and logos
The Services and all materials on or transferred on this Website, including without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, photographs, audio, videos, music and all Intellectual Property Rights related to any of these things are the exclusive property of HMN.
Except as explicitly provided in these Terms and Conditions, nothing in these Terms and Conditions or anywhere else on this Website shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any of these things.
Right to suspend or cancel account
HMN may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in my sole determination you violate any provision of these Terms and Conditions or any applicable law or regulations. You may discontinue use and request to cancel your account at any time.
Indemnification
You agree to indemnify and hold HMN harmless from any demands, loss, liability, claims or expenses (including legal fees), made against HMN by any third party due to, or arising out of, or in connection with your use of this Website or any of the Services.
Complaints
If you have any questions or complaints about any items that you have purchased, please contact me. I aim to acknowledge any complaint made within 2 working days and otherwise to deal with all complaints as effectively as possible.
External links
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only and are not endorsed by me. I have no control over the content of those third party sites or resources.
I make no representations as to the security, quality or propriety of any site which may be accessed through this Website and accept no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such sites or goods or services purchased from them.
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Limitation of liability
To the maximum extent permitted by applicable law, in no event shall HMN, be liable for any loss or damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, any of the Services.
To the maximum extent permitted by applicable law, HMN assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content or (2) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of any of the Services.
Further, I am not liable for business losses. If you use, or intend to use, the items purchased from this Website for any commercial, business or resale purpose, I will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Also, I am not responsible for any delay or failure to comply with my obligations under these Terms and Conditions or relative to delivery times if the delay or failure arises from any cause beyond my reasonable control (including, without limitation, any delay in production or delivery at the external print facility used to produce my prints). This condition does not affect your legal right to have items purchased sent within a reasonable time or to receive a refund if those items ordered cannot be supplied within a reasonable time owing to a cause beyond my reasonable control.
Security
I do not guarantee that this Website will be secure or free from bugs or viruses. I will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any content on it, or on any website linked to it.
You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system, including hardware, software and stored data of third parties who may access or be otherwise connected to your computer system. You will assume the responsibility of ensuring that programmes or other data downloaded or otherwise received from this Website are free from viruses, Trojan horses, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any or other material which is malicious or technologically harmful. I would advise you to run an up-to-date anti-virus program on anything you download from the Internet.
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Right to change terms
I reserve the right to modify these Terms and Conditions from time to time at my sole discretion. Please check this Website frequently to see recent changes. The date when these Terms and Conditions were last updated will be displayed at the bottom of the page.
Your continued use of this Website or any of the Services after any such change constitutes your acceptance of the modified Terms and Conditions. If you do not agree to any of these Terms and Conditions or any future version of these Terms and Conditions, do not use or access (or continue to access) this Website or any of the Services.
Promotional emails and content
You agree to receive from time to time promotional messages and materials from me, by email. If you don't want to receive such promotional materials or notices – please just notify me at any time.
Customs
When ordering goods from this Website for delivery outwith the United Kingdom you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; I have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information.
Please also note that when ordering from this Website you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.
Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.
Waivers
No failure to exercise, or delay in exercising, any right under these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.
Law and Jurisdiction and Disputes
These Terms and Conditions, and any claims or disputes related to this Website or the Services, are governed by, and shall be construed in accordance with, the law of Scotland. Any and all such claims and disputes shall be brought in, and you consent to them being decided exclusively by a court of competent jurisdiction located in Scotland.
Notwithstanding the above, any such disputes might be covered by an Alternative Dispute Resolution scheme. For more information about this you can visit the Alternative Dispute Resolution Platform https://ec.europa.eu/consumers/odr/main/index.cfm or email them on odr@tsi.org.uk.
These Terms and Conditions were last modified on 19 July 2020.