TERMS AND CONDITIONS
1. USE OF THIS WEBSITE
1.1 These Terms and Conditions apply to your use of this website. Please read them carefully and ensure that you understand them. You will be asked to agree to these terms before being able to use this website. Your use of this website is subject to your acceptance of these Terms and Conditions. If you do not accept these terms you must not use or access this website.
1.2 In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring to the Shiver, shiverarts.com and the artists whose artworks we exhibit and have for on this website. You should print a copy of these Terms or save them to your computer for future reference.
1.3 We may amend these Terms from time to time, therefore when you use the website always check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 20th August 2020. When we refer, in these Terms, to "in writing", this will include e-mail.
2. ABOUT THIS WEBSITE
2.1 We operate the website shiverarts.com.
2.2 Contacting us: You can email us at email@example.com in case you have any issues concerning the website.
3. OUR ARTWORKS
3.1 The images of the artworks on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the artworks. The artworks may vary slightly from those images.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of shiverarts.com, or its content suppliers and protected by United Kingdom and international copyright laws. The content and software on this site may be used as information only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of shiverarts.com is strictly prohibited.
4.2 Licence to use this website is granted limited to the following: You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
4.3 Without express consent you must not:
a. Republish material from this website (including republication on another website);
b. Sell, rent or otherwise sub-license material on the website;
c. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
d. Edit or otherwise modify any material on the website; or
e. Redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
5. LIMITATION OF LIABILITY
5.1 The information on this website is provided free-of-charge, and whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
6. RESTRICTED ACCESS
6.1 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.
7. NON-PERMITTED USE OF OUR WEBSITE
7.1 You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
7.2 You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
7.3 You must not use our website for any purposes related to marketing without our express written consent.
7.4 You must not use our website to copy, publish or send mass mailings or spam.
7.5 You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
7.6 All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
7.7 We reserve the right to edit or remove any material posted upon our website.
7.8 We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
8. HOW WE USE YOUR PERSONAL INFORMATION
9.1 We do not accept returns of products bought without proper cause and justification. Justifications for returns of artworks are restricted to damages incurred prior to receiving the product; such as during shipment. Please note that the gallery is not liable for any damages incurred once the edition is in your possession, this includes but is not limited to the defects that arise due to failure to follow our oral or written instructions as to the storage, installation, use or maintenance of the work.
9.2 Please note that we recommend not opening your print until you take it to a framer to ensure it is only handled by experienced art handlers. And if you do find your print to be damaged, we strongly recommend you ask a framer or other art handler to roll it back up for you to return, as often in the re-rolling stage, they can sustain further damage, and you may not qualify for a refund.
9.3 Please be sure that you are certain about your chosen artwork before completing your purchase. We do not offer refunds due to a customer’s change in mind regarding their purchase. We take great care in making sure our product information is accurate and that each piece is carefully packaged so that it arrives with you in perfect condition. Our artworks are often limited edition prints or original pieces, we cannot offer a refund due to a change of mind as this could increase the risk of damage to the piece. If you are unsure, would like to know more details or would like to arrange to see the piece in person, please do get in contact with us and we will be more than happy to assist. If you are making a purchase as a present for someone and are unsure if they will like it, please get in touch! We can arrange to put your chosen piece on hold for a limited time or arrange for a custom priced gift voucher.
9.4 Should your purchase be eligible for refund, you will have 14 days from the delivery date (confirmed by tracked shipping) to let us know.
10. OUR RIGHT TO VARY THESE TERMS
10.1 We amend these Terms from time to time. Please look at section 1.3 to see when these Terms were last updated.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).