These terms and conditions regulate the business relationship between you and us. By using Rue Stanley Art (RSA, My Website) in any way, or by buying from RSA, you agree to be bound by them.
Restrictions: No person under the age of 18 years may purchase Goods. Rue Stanley does not ship goods to The United States of America, North America, or Canada.
1 Definitions
We: Rue Stanley. Cherrycroft, Tattenham Crescent, Epsom KT18 5NR. Email: Ruestanleyart@gmail.com
You: visitor to Our Web Site / our customer
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“My Website” means the entire computing hardware and software installation that is or supports Rue Stanley Art
“Goods” means any of the Goods we offer for sale on our website.
“Content” means information in any form published on My Website by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to Rue Stanley Art (RSA) Website; and
2.1.2 in any event to you as a buyer or prospective buyer of RSA Goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase. Further emails will tell you when we shall despatch 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.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on RSA Website on the day you order Goods.
2.5 All descriptions, weights and sizes of Goods are approximate, and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.6 If the Goods you order are not available, we will offer you alternatives before we despatch your order. If this happens you may:
2.6.1 accept the alternatives we offer.
2.6.2 cancel your order.
2.6.3 leave the order valid but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable, but in any event no later than 30 days from the date of your order.
2.8 Your contract is with us. You should correspond with or communicate with us regarding sales of Goods, returns, commissions or refunds.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 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 (GBP) will be borne by you.
3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give RSA
4.1 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.
4.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within 28 days of purchase.
5 Delivery
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery or give you the option to cancel your order.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6 Orders from outside the UK and Ireland
6.1 We will endeavour to arrange delivery to countries outside the UK.
6.2 Prices for UK delivery prices may be quoted online or will state if costs are included. This applies to the UK, England, Scotland and Wales. Delivery to Northern Ireland, Channel Isles or Scottish Highlands may incur a separate cost.
6.21 RSA does not sell or ship goods to the United State of America, or Canada. For orders placed outside of the UK, please contact Rue Stanley for costs of shipping and pre-order approval.
7 Returns and refunds
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 All correspondence regarding the return of Goods shall be carried out between You and us.
7.2 You must tell us you wish to cancel within 14 days of your receipt of the Goods
7.3 In any event, you may not cancel orders for artworks commissioned by an artist.
7.4 The Goods must be returned to RSA within 21 days of delivery:
7.4.1 Goods must be in their original condition and undamaged. If original packaging is not available, suitable packaging used and undamaged.
7.4.2 securely wrapped.
7.4.3 including our delivery slip.
7.4.4 at your risk and cost.
7.5 After RSA has received the Goods, we will credit your credit or debit card with the full purchase price of the goods, excluding any delivery costs, returned no later than 30 days from the date of receipt.
7.6 Refunds will only be made on receipt of goods. If you do not return the Goods to us, or they are not received, you are still liable to us for the cost.
7.7 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose.
8.3.2 the truth of any information given on Our Website.
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose.
8.3.4 compatibility of Our Website with your equipment software or telecommunications connection.
8.3.5 compliance with any law.
8.3.6 non-infringement of any right.
8.4 Our Website contains links to other Internet web sites. We have neither power nor control over any such website. 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.
8.5 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 Website or the purchase of Goods.
8.6 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.
9 Content and Intellectual Property Rights
9.1 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.
9.2 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.
9.3 You may download or copy the Content only for your own personal use, if you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
10 System Security
10.1 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.
10.2 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.
10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
10.4 Examples of violations are:
10.4.1 accessing data unlawfully or without consent.
10.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
10.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
10.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
10.4.5 taking any action to obtain Goods to which you are not entitled.
10.5 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:
10.5.1 any violation of system security as set out above.
10.5.2 your use of Our Website.
10.5.3 any other breach or violation of this agreement by you.
10.5.4 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 because of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
11 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.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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.
18 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.
19 Exclusions and Limitation of Liability
We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.
SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
YOUR USE OF OUR WEBSITE; ANY CORRUPTION OR LOSS OF DATA;
ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;
ANY LOSS OF REPUTATION OR GOODWILL;
ANY LOSS OF SAVINGS;
ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
Terms and conditions version 1.0 Rue Stanley July 2023.
Mrs Rue Stanley. Tattenham Crescent, Epsom, Surrey KT18 5NR
Contact: ruestanleyart@gmail.com. Mobile: 07799 626596
