Definitions
Our contract with you
Price and Payment
Information you give us
Disclaimers
Content and Intellectual Property Rights
System Security
Indemnity
Contractual Limitation
Rights of third parties
Severability
No Waiver
Dispute Resolution
Force majeure
Governing Law
Charity Donations
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, or by buying from us, you agree to be bound by them.
You are: visitor to Our Web Site and/or our customer.
Definitions
In this agreement:
“Carrier” means any person or business contracted by us or our artists to carry Goods from us to you, whether all or part of the distance.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Goods” means any of the Goods we offer for sale on our web site.
“Content” means information in any form published on Our Web Site by us or any third party with our consent.
Our contract with you
These terms and conditions apply:
1.1 so far as the context allows, to you as a visitor to Our Web Site; and
1.2 in any event to you as a buyer or prospective buyer of our Goods.
1.3 Goods advertised may not be available.
1.4 We shall accept your order by email confirmation. Our message will confirm details of your purchase order and tell you when we have despatched your order. That is when our contract is made. It is possible that the price may have increased from that posted on our web site, of which you will be notified thereof before filling and despatching your order.
1.5 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
1.6 All descriptions, weights and sizes of Goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
1.7 If the Goods you order are not available, we may offer you alternatives. If this happens you may:
1.7.1 accept the alternative Goods we offer;
1.7.2 accept to receive your order as partly filled and when we have the unavailable Goods re-stocked, we will send the remaining to fulfil your order;
1.7.3 cancel your order;
1.7.4 leave the order valid, but tell us to omit the out-of-stock item.
1.8 If we owe you money (for this or any other reason), we will credit your payment card or make a bank transfer to your nominated account or refund via Paypal as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
1.9 Greeting cards that are ordered by non-Stockists will be despatched without being enclosed in a plastic (PP or Compostable) bag. Notecard packs and Signed Prints will be despatched enclosed in a plastic bag (PP or Compostable) until a viable cost effective and appropriate alternative can be sourced.
Price and Payment
2.1 You must pay us the full price of your order before we will send any part of it. If accepted on completed and agreed account payment terms, then these set terms will apply.
2.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
2.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
2.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
2.5 Should you have a discrepancy with the invoice, you must contact us within 5 days of receipt of invoice.
Information you give us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods. Please refer to our Privacy Policy on the information we collect, how we deal with your information and your privacy rights.
3.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within 30 days of purchase.
Disclaimers
4.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
4.2 You are advised that Content may include technical inaccuracies or typographical errors.
4.3 We give no warranty and make no representation, express or implied, as to:
4.3.1 the adequacy or appropriateness of the Goods for your purpose.
4.3.2 the truth of any information given on Our Web Site;
4.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
4.3.4 compatibility of Our Web Site with your equipment software or telecommunications connection.
4.3.5 compliance with any law;
4.3.6 non-infringement of any right.
4.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
4.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
4.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
Content and Intellectual Property Rights
5.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
5.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
5.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
System Security
6.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
6.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
6.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
6.4 Examples of violations are:
6.4.1 accessing data unlawfully or without consent;
6.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
6.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
6.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
6.4.5 taking any action in order to obtain Goods to which you are not entitled.
6.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
6.5.1 any violation of system security as set out above;
6.5.2 your use of Our Web Site;
6.5.3 any other breach or violation of this agreement by you;
6.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
Dispute Resolution
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.
Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Charity Donations
If purchasing “Stained Glass Bats SKU: SB00-17 and SB00-174PK” wildlife greeting card as a single or as a 4 pack and have done so either by clicking through the Bat Conservation Trust website or purchasing directly via our website and referencing BCT10 in the Order Notes section of the Checkout page, the following donations by bespoke folk to the Bat Conservation Trust will be made:
10% of profits from the sale of single and 4 pack of “Stained Glass Bats SKU:SB00-17 and SB00-174PK” will be donated to Bat Conservation Trust, Studio 15 Cloisters House, Clousters Business Centre, 8 Battersea Park Road, London, SW8 4BG. Registered Charity England and Wales number 1012361
Terms and Conditions last updated 20 March 2023