1.1 "Buyer" means the individual or organization who buys or agrees to buy the Goods from the Seller;
1.2 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.3 "Seller" means Bradshaw Taylor USA Inc., trading as "Artilect" and located at 1045 Pearl Street, Boulder, CO, 80302, that owns and operates www.artilect.studio;
1.4 "Terms and Conditions" means the terms and conditions of sale set out herein and any terms and conditions agreed in writing by the Seller;
1.6 "Website" means www.artilect.studio
2.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
2.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are to add a product to the basket by clicking ‘add to basket’ and following the instructions on screen to proceed through the checkout pages, supplying the appropriate details along the way. A confirmation email will be sent to the customer of the order.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated on the Website. The price is inclusive of VAT. The price excludes delivery charges which can be seen in the basket area of the website.
3.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
3.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
3.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
4. RIGHTS OF SELLER
4.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
4.2 The Seller reserves the right to withdraw any goods from the Website at any time.
4.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
AGE OF CONSENT
5.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
5.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. on the Website. SELLER MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
7.1 Goods supplied within the UK will normally be delivered within 28 working days of acceptance of order.
7.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.3 The Seller shall use its reasonable efforts to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages (including in transit) or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.4 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8. CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email ([email protected]) or telephone (tel. 877-725-1523) within 7 working days of delivery if the Goods are damaged or defectivet. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3 Buyer shall have the right, in addition to its other rights, to cancel its order and receive a refund by informing the Seller by email ([email protected]) or telephone (tel. 877-725-1523) within 7 working days of receipt of the Goods.
8.4 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS GIVING RISE TO SUCH LIABILITY.
No waiver by Seller of any of the provisions of these Terms and Conditions is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
11. FORCE MAJEURE
The Seller shall not be liable or responsible for any delay or failure to perform any of its obligations hereunder, or be deemed to have defaulted or breached these Terms and Conditions, if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, pandemics, epidemics, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or relating to these Terms and Conditions shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City of Boulder, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
15. USE OF PERSONAL INFORMATION
From time to time we like to send carefully selected information on our products and new season launches to our customers. When you sign up to our e-newsletter, enter a competition or make a purchase with us, you will automatically be registered for these Artilect marketing materials. You can unsubscribe at any time by emailing us with your name and email address: [email protected]. If you tick 'Opt in to receive promotional materials from selected third parties' when making a purchase or creating an account with us, you agree to share your contact details with similar services to ours (retail or similar) or agencies with whom we (Artilect & Bradshaw Taylor USA INC) are partnered. You may ask us at any point not to share your information with third parties for this purpose by contacting us at [email protected].