These are the terms and conditions (“Terms”) of sale of Download Artwork Limited. In this document, “we”, “our”, or “us” refer to Download Artwork.
We are company number 13318673 registered in England and Wales.
Our registered office is at 1 Astbury Close, Washington, NE38 9DQ.
We recommend you review these Terms each time you purchase a Digital Print and download and store a copy of these Terms for your future reference.
SECTION 1 – ONLINE STORE TERMS
By placing an order for Digital Prints through our site, you represent that: (i) you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site; (ii) you are legally capable of entering into binding contracts; (iii) you will not copy, distribute or share the Digital Prints other than as allowed under these Terms; and (iv) you will not use our products for any illegal or unauthorized purpose or, in the use of this Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – PERSONAL INFORMATION
You agree to provide us with truthful, complete and accurate details. You further agree to provide us with your details only.
SECTION 3 – LICENSE TO USE THE DIGITAL PRINTS
All Digital Prints available through the site are owned or controlled by us and are protected by intellectual property rights.
Any use of Digital Prints purchased through the site is subject to these Terms. Upon payment of the price of the Digital Print, we grant you a non-exclusive, non-transferable license to use the Digital Print consistent with these terms.
You agree that you will download and use Digital Prints for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Prints to anyone else. Nothing in these Terms grants to you any rights other than those expressly set out herein. These Terms do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Digital Print.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
Downloads of Digital Prints are capable of being downloaded to and stored on the hard drive of your computer and then exported and copied. You must adhere to any and all usage restrictions that apply to the Digital Print as set out in these Terms.
Under the terms of your license to use our Digital Prints, you may create two (2) physical printed copies of the same Digital Print.
To prevent unauthorized use, Digital Prints may carry a digital watermark or other security technology that will not appear on physical copies of the Digital Prints but which would allow us to identify the origin of the Digital Print and track any subsequent unauthorized transfer. You agree to not attempt to remove any such watermark or circumvent such security technology in any way.
SECTION 4 – REQUIREMENTS TO ACCESS DIGITAL PRINTS
In order to access and download Digital Prints you will need:
- Broadband Internet access with good speed; and
- A personal desktop computer or mobile device capable of opening the Digital Prints, which will be delivered as JPEG files.
You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. You are also responsible for ensuring that any hardware you use to download and/or access Digital Prints functions correctly with this site.
You acknowledge that due to industry/technology developments, the nature of the Digital Prints offered (including format of files, operating systems, downloading software, etc.) and the system requirements may change from time to time. We will use commercially reasonable efforts to update our site with information relating to system requirements.
SECTION 5 – AVAILABILITY AND DELIVERY OF THE DIGITAL PRINTS
All Digital Prints featured on our site are subject to availability. We reserve the right to change or remove a Digital Print or other content on the site at any time without notice or liability to you or to any third party. For example, we may have obtained rights from third parties to make the Digital Print available and, in the event we lose these rights, we may need to remove the Digital Print from the site and make it unavailable for purchase.
We reserve the right, but are not obligated, to limit the sales of our Digital Prints to any person, geographic region or jurisdiction or to reject any order we receive. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Digital Prints that we offer. All descriptions of Digital Prints or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Digital Print at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 – PRICING
Prices for Digital Prints are liable to change at any time without notice, but changes will not affect orders in respect of which we have already taken payment and made the download available.
The price of any Digital Print will be as quoted on this site at the then current time, except in the case of obvious error. We will not accept any offers for Digital Print other than at the then-current price.
We use our best efforts to ensure the prices of Digital Prints displayed on our site are correct. However, our site contains a number of Digital Prints and it is always possible that, despite our best efforts, some of the Digital Prints listed on our site may be incorrectly priced. If a Digital Print’s correct price is higher than the price stated on our site at the time you placed your order and we have not yet taken payment and made the Digital Print available for download, we will normally, at our discretion, either contact you for instructions before making the Digital Print available for download (i.e., to confirm your order and that you wish to proceed at the correct price), or reject your order and notify you of such rejection.
We are under no obligation to provide the Digital Print to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for Digital Prints in the case of obvious and unmistakable pricing errors.
Note that, if you are downloading the Digital Print to a mobile device, some network/service providers may charge you an additional amount for this service. We recommend you contact your network/service provider to understand the nature and extent of any additional charges before electing to the download the Digital Print to mobile device. Note that overseas roaming charges may also apply.
SECTION 7 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Digital Print product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorized to purchase the Digital Prints and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such. All card payments and card holder details may be subject to validation checks by the card issuer.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
SECTION 9 – CANCELLATIONS AND RETURNS
You may not cancel an order by you for any download of a Digital Print once it has been made available for download by you. Each purchase of a download shall be deemed a final, non-exchangeable, non-refundable sale.
In the unlikely event of faults with, or damage to, the Digital Prints, or if you have received a faulty or incomplete Digital Print, please contact us at firstname.lastname@example.org. We will repair or replace any such faulty or damaged Digital Print if possible or, if there are continuing issues with the Digital Print, we may issue you a refund. You must notify us within a reasonable period of time of download of the Digital Print. If you fail to notify us within a reasonable time, we will have no liability to you. Notwithstanding the foregoing, you understand that your exclusive remedy and our sole obligation for a defective Digital Print shall be that we will provide a replacement copy of a defective Digital Print or repair or replace the same.
Please note that we cannot guarantee that the quality or design of any Digital Print purchased by you will meet your expectations, and any failure to meet your expectations will not be considered a defect for purposes of this section. We have made every effort to display as accurately as possible the colours and images of our Digital Prints. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
SECTION 10 – THIRD PARTY SERVICES
In connection with our provision of the Services, we may provide you with access to third-party services (such as online printing or framing) over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such Services “as is” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party services.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – VIOLATION OF THESE TERMS
If you are in breach of, or we suspect you are in breach of, these Terms, then we may take any/all of the following actions:
- issue a warning to you;
- take legal action against you;
- disclose information to law enforcement authorities as we feel is necessary.
The responses described above are not limited and we may take any action we deem appropriate.
SECTION 13 -LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service to purchase Digital Prints is at your sole risk. The service and all Digital Prints delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any Digital Prints procured using the service, or for any other claim related in any way to your use of the service or any Digital Prints, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or Digital Print) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify us against any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.
SECTION 15 – WRITTEN COMMUNICATIONS
When using our site, you accept that communication with us will be electronic. We will contact you by email or provide you with information by posting notices on our site. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
SECTION 16 – NOTICES
All notices given by you to us must be given by email to email@example.com We will give notice to you at the email address you provide to us as part of the order process. Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.
SECTION 17 – EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any delay or failure to perform any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event”), including, but not limited to, acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services.
Our performance under these Terms will be suspended for the period that the Force Majeure Event continues, and we will be entitled to a reasonable extension of time for the performance of our obligations under these Terms after notifying you of the nature of extent of such Event. We will use commercially reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations relating to the Digital Prints may be performed despite the Force Majeure Event.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 21 – CONTACT INFORMATION
Questions about the terms should be sent to firstname.lastname@example.org