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Terms: Returns, Refunds, Privacy

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.

We are:

Jonathan Kluss
101 Enneradle Rd
Richmond, Kew
Surrey
TW9 2DN

You are: visitor to Our Web Site / our customer

1. Definitions

In this agreement:

“Carrier” means any person or business solicited by us 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.

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 Our Web Site; and

2.1.2 in any event to you as a buyer or prospective buyer of our 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 and tell you when we shall dispatch your order. That is when our contract is made.

2.4 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.

2.5 All descriptions, weights and sizes of Goods are accurate approximations.

2.6 If the Goods you order are not available, we will offer you alternatives before we dispatch your order. If this happens you may:

2.6.1 accept the alternatives we offer;

2.6.2 cancel your order;

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.

3. Price & 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 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 Us

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 one month of purchase.

5. Delivery

5.1 Deliveries will be made by the Carrier to the address given in your order. You must ensure that someone is present to accept delivery. We may deliver in person ourselves if local.

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.

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 UK & Ireland

6.1 We do deliver outside the UK and Ireland.

7. Returns & Refunds

7.1 If we have delivered the Goods exactly as you requested and purchased, there is no refund or return available. If we have not, then any necessary corrections shall be made. The only refund available is a cancellation prior to delivery and due to the unavailability of specifically purchased Goods when alternatives offered by us are not wanted by you.

8. Disclaimers

8.1 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.

8.2 You are advised that Content may include slight technical inaccuracies or typographical errors.

8.3 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 & 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 or by the artist.

9.3 You may not download or copy the Content for your own personal use. 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 in order 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 Web Site;

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 as a result 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 or Services 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.

Privacy Policy

This privacy policy is a complete statement of what information we collect and what we use it for.

We collect both non-personally identifiable information from you and personally-identifiable information about you on this web site.

Non-personally identifiable information

Our web servers automatically collect only the following information, even if you do not join or register with us:

  • your ISP
  • your IP address
  • the URL you clicked on to get here

This information is used to improve our service and also to record the number of visitors, page impressions etc.

Personally-identifiable information
If you place an order you give us:

  • a username and password
  • your name and complete address
  • the assurance that you have read and wish to abide by our terms and conditions
  • a valid email address

Your email address is used to send you your order confirmations and news. We do not sell, rent, lend or in any other way release any of your information to any other organisations, related or otherwise.

If you choose to purchase, you may choose to pay online. In this case the following privacy statements apply.

Our payment systems are run by Worldpay, an internationally recognised secure credit card authorisation firm. Your card details and address information are collected and stored by SagePay, not by Jonathan Kluss. Their terms and conditions apply.”

Returns & Refunds

There is currently a no refunds or returns policy, so please be precise with any relevant additional information regarding a commission or be sure of your choice and purchase before you make it.

We don’t share the liability of damage occurring to any pieces of art work during or due to transit although we work to make sure that all pieces of art are properly packaged for its protection.

If you have any further queries please contact by email or telephone.

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