Terms and Conditions
Effective Date: 1 May, 2014
1.1 This website is owned and operated by Elephant Art Limited. We are registered in the UK (technically “England & Wales”) under number 10084105. Our registered office and trading address is at Elephant Art Limited, The Studio Building, 21 Evesham Street, London W11 4AJ. Our VAT number is 541 3941 55.
1.2 These terms and conditions apply when you buy any goods via this site or otherwise use this site or our related app. References to our website below include the app.
Capitalised terms have the following meanings in these terms and conditions:
“Consumer” means an individual acting outside his or her trade, business, craft or profession.
“Comment” means any review, comment or rating.
“Content” means all information including text, artwork, images, photos, videos, messages, Comments etc.) which are published, stored or sent on or in connection with our website.
“User” means a person who uses our website (whether or not registered with us).
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
4. Use of our website
4.1 You are not eligible for, and must not use or register on, our website if you are below 14 years of age.
4.2 We grant Users a limited personal right to use our website subject to these terms and conditions.
4.3 You agree that you will not in connection with the website:
4.3.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
4.3.2 engage in any inappropriate behaviour including threatening, harassing or invasion of privacy;
4.3.3 publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
4.3.4 publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
4.3.5 use the website for junk mail, spam and pyramid or similar or fraudulent schemes;
4.3.6 do anything which may have the effect of disrupting the website including worms, viruses, software bombs or mass mailings;
4.3.7 gain unauthorised access to any part of the website or equipment used to provide the website;
4.3.8 copy any of the Content (including but not limited to user generated content such as artwork, uploads, comments, Comments etc.) for any purpose except as allowed under these terms and conditions or with our prior written authorisation; or
4.3.9 attempt, encourage or assist any of the above.
4.4 You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our website). You must promptly comply with any reasonable request or instruction by us in connection with the website.
5. Your Content
5.1 You are responsible for your Content.
5.2 You must ensure that your Content is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights (such as infringement of copyright). Also, the Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
5.3 Inclusion of your artwork on our website is in our absolute discretion. We reserve the right to remove your artwork without giving reasons even if we have previously approved it.
5.4 If you post a Comment, you promise that it is your independent, honest and genuine opinion.
5.5 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the website and these terms and conditions.
5.6 Without prejudice to our above rights regarding removal of artwork, we reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.7 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.8 It is your responsibility to make your own backup of any Content stored within the website to protect you in case of loss or damage to such material. We are not responsible for such losses.
5.9 We reserve the right to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for at least one month.
6. Content of other Users
6.1 We do not recommend Content of other Users. If we showcase any artists, this is purely our opinion. You rely on all such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.
6.2 You accept that we have no obligation to vet or monitor other Users. It is your responsibility to carry out careful and detailed investigations before dealing with another User. You should be aware that a person may not be who he or she claims to be.
6.3 You acknowledge that in using the website you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by using any report button or via the contact us page. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received. All complaints must clearly explain the reason for complaint.
6.4 You acknowledge that we permit Users to post Comments in relation to your artwork, events or otherwise and that these will be publicly available for viewing and will remain so following cancellation of this agreement. We are not responsible for monitoring or editing such Comments. You acknowledge that Comments may be critical or defamatory of you. Notwithstanding that we may be aware or ought reasonably to be aware that such Comments caused or contributed to publication of a defamatory statement about you, you release us from any liability in connection with such defamatory statements provided we offer you a reasonable right of reply.
7. Guidance on our site
7.1 Any guidance or similar information which we ourselves make available on our website is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
8.1 Your account on our website is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Suspension / cancellation
9.1 We may at any time without cause immediately cancel this agreement including your right to use of our website.
9.2 Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our website if we have given you notice of cancellation.
10. Functioning of our website
10.1 We cannot guarantee that the website will be uninterrupted or error-free.
10.2 We are entitled, without notice and without liability, to suspend the website for repair, maintenance, improvement or other technical reason.
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
11.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
11.3.2 such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
11.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
11.3.4 such loss or damage relates to a business.
11.4 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
11.5 The following clauses apply only if you are not a Consumer:
11.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
11.5.2 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
11.5.3 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
11.5.4 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
12. Intellectual property rights
12.1 All trade marks, logos, Content, and software used on the website are our intellectual property or that of other Users or our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our website or deep-link to or frame Content on our website without our specific prior written consent.
12.3 You must not circumvent or otherwise interfere with any security related features of the website or features that limit or prevent copying of Content or which restrict use of Content.
12.4 You retain ownership of copyright in your artwork and other Content. If you publish any Content on our website, you grant us a worldwide, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own website, including all language versions, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our website. The licence ends when you close your account unless and to the extent that your Content has already been shared with others who have not deleted it or it persists in backup copies.
12.5 You also grant each User a licence to use your Content to the extent expressly permitted by these terms and conditions.
12.6 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our website (“Submissions”) which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. Third party websites
14.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
15. Events outside our control
15.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
17. English law
17.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
19.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
Sales Terms & Conditions
Effective Date: 1 May, 2014
1.1 This website is owned and operated by Elephant Art Ltd. We are registered in the UK (technically “England & Wales”) under number 10084105. Our registered office and trading address is at Elephant Art Limited, The Studio Building, 21 Evesham Street, London W11 4AJ. Our VAT number is 541 3941 55.
1.2 These terms and conditions apply when you buy any goods via this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. The use of our website is governed by the website terms & conditions above. These terms and condition are available in the English language only.
1.3 We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
1.4 You are not eligible to buy any goods via this site if it is unlawful for you to buy or use the goods in, or import them into, your country.
1.5 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.6 Where we refer to “Consumer” below we mean an individual acting outside his or her trade, business, craft or profession.
1.7 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases made after the effective date shown above.
2. Right to cancel
2.1 If you are an EU Consumer, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
2.2 If you do have the right to cancel, the following instructions apply:
Right to cancel
2.3 You have the right to cancel this contract within 14 days without giving any reason.
2.4 The cancellation period will expire after 14 days from the day:
a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
b) (in the case of multiple goods ordered by you in one order and delivered separately) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
2.5 To exercise the right to cancel, you must inform us – ColArt Limited, The Studio Building, 21 Evesham Street, London W11 4AJ – of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
2.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
2.7 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
2.8 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
2.9 We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from you any goods supplied, or
b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
2.10 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
2.11 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
2.12 You will bear the direct cost of returning the goods.
2.13 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
3. Discount codes
3.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, and (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.
3.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
4. Display of goods on our website
4.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made every effort to display as accurately as possible the appearance / colour / texture / finish / labelling of our goods. You acknowledge and accept that there may be differences between the actual goods you receive and the way that they appear on our website. For example, the colour tone may differ. Or the product labelling and/or packaging may have changed.
5. Payment and price
5.1 Payment is in advance by the means stated on our website. Despatch of the goods is subject to our receipt of full payment in cleared funds.
5.2 The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included unless we say otherwise.
5.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we despatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.
5.4 You must contact us immediately with full details if you dispute any payment.
5.5 If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).
6. Your order
6.1 Your order is an offer to buy from us.
6.2 You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
6.3 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
6.4 We will send you a confirmation email after your order but please note that a binding legal contract is formed only when we accept your offer as stated below.
6.5 All orders are subject to availability. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
7. Acceptance / unavailability
7.1 There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have despatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say will amount to acceptance of your offer.
8.1 Delivery will be to the address which you specify when ordering. We may deliver different parts of your order on different dates.
8.2 Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB The delivery charges do not include customs or import duties which may be applied to your order by the relevant authorities. It is your separate responsibility to pay for these. We recommend that you check with your local customs office in advance.
8.3 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page.
8.4 If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.
8.5 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available.
9. Risk and ownership
9.1 Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.
9.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.
10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
10.3 The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
i) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
i) such loss or damage is caused by you, for example by not complying with this agreement; or
i) such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
b) You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
11. If you are not a Consumer…
11.1 This section applies only if you are not a Consumer (as defined above). In this section, any reference to us includes our employees and agents.
11.2 You must inspect all goods immediately on receipt and you must notify us in writing of any damage to the goods within three working days of delivery and within ten working days you must give notice in writing in detail of any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly.
11.3 Our liability of any kind (including our own negligence) is limited to the price paid for the goods.
11.4 In no event (including our own negligence) will we be liable for any:
i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
i) loss of goodwill or reputation;
i) special, indirect or consequential losses; or
i) damage to or loss of data
(even if we have been advised of the possibility of such losses).
11.5 You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
11.6 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
11.7 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
12. Events outside our control
12.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
13. English law
13.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
14.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
15.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.