Shop terms of use and supply
Billtidy.com Shop Website Terms and Conditions of Use
Please read these terms and conditions carefully before using this website.
These terms and conditions of use (together with the documents referred to within) (the Terms of Use) tell you the terms on which you may use our shop, billtidy.com (our website). Use of our website includes accessing and browsing.
By using our website, you confirm that you accept these Terms of Use and that you agree to comply with them.
1. Information about us and how to contact us
1.1 Bill Tidy MBE has the right to operate billtidy.com
1.3 To contact us in relation to any general queries about these Terms of Use, or the billtidy.com shop more generally, please email us at sales@billtidy.com
2. Other applicable terms
2.1 These Terms of Use refer to and incorporate the following additional terms, which also apply to your use of our website:
(a) Cookies policy
(b) Privacy policy
(c) any copyright information and restrictions included on the pages of our website, including copyright which is detailed below
Bill Tidy MBE retains the copyright to all the artwork he produces unless clearly and specifically stated at point of sale that he is willing to sell the relevant copyright.
the terms of which you agree to observe and follow.
3. Changes to these Terms of Use
We may revise these Terms of Use at any time by amending this page. Please check our website frequently to see recent changes. The date when these Terms of Use were last updated will be displayed at the bottom of the page. If you do not agree to any change you should not continue to use our website.
4. Content on our website
4.1 We may update our website from time to time and may change the content at any time without providing prior notice.
4.2 The views expressed by other users on our website do not represent our views or values.
4.3 For general content queries relating to our website please contact us at sales@billtidy.com
5. Your use of our website
5.1 You may use our website only for lawful purposes. You may not use our website:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any or other material which is malicious or technologically harmful.
5.2 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of our website in contravention of these Terms of Use; and
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of our website;
(ii) any equipment or network on which our website is stored;
(iii) any software used in the provision of our website; or
(iv) any equipment or network or software owned or used by any third party.
6. Intellectual property
6.1 Bill Tidy MBE is the owner of all intellectual property rights on the billtidy.com website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved..
7. Availability of website
7.1 Our website is made available free of charge.
7.2 We will use reasonable endeavours to ensure the availability of our website and that transmissions are error free. However, due to the nature of the Internet it is not technically possible for us to provide a completely fault free service and we give no guarantees or warranties, express or implied, as to the quality or reliability of access to our website. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.
7.3 Access to our website is permitted on a temporary basis. We reserve our right to withdraw, discontinue or change all or any part of our website or refuse access to it immediately and without notice. However, we will, where reasonably possible, provide notice of any suspension or cancellation of our website.
7.4 We will not be liable to you if for any reason our website (or any content) is unavailable at any time or for any period.
7.5 You are responsible for making all arrangements necessary for you to have access to our website.
7.6 You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
8. Security
8.1 We do not guarantee that our website will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
8.2 You assume full responsibility for the protection of your computer system including computer hardware, software and stored data on your computer system, including hardware, software and stored data of third parties who may access or be otherwise connected to your computer system. You will assume the responsibility of ensuring that programmes or other data downloaded or otherwise received from our website are free from viruses, Trojan horses, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any or other material which is malicious or technologically harmful. We would advise you to run an up-to-date anti-virus program on anything you download from the Internet.
8.3 You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
9. Liability
9.1 Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury arising from our negligence or the negligence of our employees, agents or contractors that results from the use of our website or any fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2 As far as we are allowed to do so, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. This does not exclude our obligation to provide any services under these Terms of Use with reasonable care and skill.
9.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our website; or
(b) use of, or reliance on, any content displayed on our website.
9.4 If you are a consumer, you agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10. External links
10.1 Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those third party sites or resources
10.2 Where our website contains links to other sites and resources provided by us, the terms of use of those sites and resources will apply.
10.3 You should familiarise yourself with the different privacy, trading and use policies and conditions of any external sites or resources before using them.
10.4 We make no representations as to the security, quality or propriety of any site which may be accessed through our website and accept no liability for the content or for any loss or damage caused or alleged to have been caused by the use of or reliance on information contained in such sites or goods or services purchased from them.
10.5 Connected third party websites accessed through our website are independent sites over which we do not exercise any control, whether financial, editorial or of any other kind and are not in any way endorsed by us.
11. Disclosure
We may disclose personal information if required to do so by law or if we in good faith believe we are required to do so by any order of the Courts or other competent body or agency or may do so to protect or defend our rights or property or to protect the personal safety of our employees or the public at large. Please refer to our Privacy policy for more information on how we handle, and when we might disclose, your personal information.
12. Statistics
12.2 We may monitor user traffic on an aggregate basis in order to help it develop and improve our website for the benefit of all users
13. Governing law and jurisdiction
13.1 If you are a consumer, please note that these Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
13.2 If you are a business, these Terms of Use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Billtidy.com Shop Terms and Conditions of Supply
These Terms and Conditions apply to the use of the Art UK Shop and Orders made through it. Please read these Terms and Conditions carefully before using the billtidy.com Shop. By accessing the billtidy.com Shop and/or by placing an Order, you signify your agreement to be bound by these Terms and Conditions. These Terms and Conditions do not affect your statutory rights.
CONTENTS
1. The Contract
2. Your Order
3. Goods information
4. Art UK Digital Licensed Image Licence Agreement
5. Pricing and availability
6. Delivery
7. Cancellation and returns policy
8. Promotions and incentives
9. Customer service
10. Complaints
11. Warranties
12. Privacy and data protection
13. Our responsibility for loss or damage suffered by you
14. Customs
15. Variation
16. Severance
17. Waivers
18. Third party rights
19. Governing law and jurisdiction
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, the following definitions shall apply:
Goods: the goods (or any part of them) made available for sale on the billtidy.com Shop or those set out in the Order.
Order: the Order for the Goods submitted by you.
1. The Contract
1.1 Your Order is an offer billtidy.com to buy the Goods in your Order. When you place an Order to purchase an original cartoon print or limited edition print via PayPal we will send you an e-mail confirming receipt of your Order. This confirmation e-mail is acknowledgement that we have received your Order and taken payment, but does not confirm acceptance of your offer to buy the Good(s) ordered. We only accept your offer, and conclude the Contract of sale for Goods ordered by you, when we dispatch the Goods to you and send an e-mail confirmation to you that we’ve dispatched the Goods to you. If your Goods are dispatched in more than one package, you may receive a separate confirmation e-mail for each package, and each confirmation e-mail and corresponding dispatch will conclude a separate Contract of sale between us for the Goods specified in that confirmation e-mail. Without affecting your right of withdrawal, you can cancel your Order for Goods following the process set out below at no cost any time before we send the dispatch confirmation e-mail relating to that product.
1.2 It is your responsibility to ensure you are able to receive e-mails from sales@billtidy.com We recommend you add sales@billtidy.com to your ‘safe sender’ list, and check that your online security software does not block e-mails from us.
2. Your Order
Method of payment
2.1 You can pay via the billtidy.com PayPal account. Orders will only be processed if you provide the correct card holder’s name as it is shown on the card together with the postcode that appears on the card statement. No responsibility can be taken by billtidy.com for incorrect or incomplete details submitted to our PayPal account
2.2 You undertake that all details you provide for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own (or have authority to use it) and that there are sufficient funds to cover the cost of the Goods ordered.
Fraudulent transactions
2.3 To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered credit reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these Terms and Conditions you consent to such checks being made.
2.4 It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic ‘fingerprints’ of every order placed on the Art UK Shop to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on the billtidy.com Shop.
3. Goods Information
Art prints
3.1 All artwork is supplied un-framed and delivered in a flat, firm card envelopes.
Limited edition prints
3.2 From time to time we may offer limited edition prints. The number of limited edition prints in any one edition will be clearly stated and they will be supplied in the stated size, paper type, and frame. Limited Edition prints may not be customised.
Product descriptions and packaging
While we work to ensure that information about the Goods on the billtidy.com Shop is correct, actual packaging and materials may contain more information than that displayed on the billtidy.com Shop. Please always read labels, warnings and directions provided with the Goods before use. Billtidy.com reserves the right to amend the descriptions of the Goods on the billtidy.com Shop, as required.
4. Pricing and availability
4.1 Due to their nature all Goods should be available. If however, due to an error specific Goods are out of stock or unavailable we will endeavour to contact you to:
(a) discuss an alternative;
(b) offer an alternative delivery date; or
(c) arrange a refund.
4.2 The price of Goods available in the billtidy.com Shop may change from time to time, without prior notice. The price you pay will be the price displayed on the billtidy.com Shop at the time we receive your Order, apart from the following exception:
(a) While we do our best to ensure that all our prices on the billtidy.com Shop are accurate, it is possible that, occasionally, prices may be incorrectly listed. If we discover an error in the price of the Goods you have ordered we will inform you as soon as possible and offer you the Goods at the correct price. We are under no obligation to provide Goods to you at an incorrect, lower price, even after we have acknowledged your Order. If we cannot contact you, we will treat the Order as cancelled and refund you the price paid.
(b) We list prices in pounds sterling and as billtidy.com is not vat registered not vat will be charged. The prices of the Goods are exclusive of the costs and charges of packaging and delivery. Delivery charges will depend on the delivery method you choose and will be clearly shown throughout the checkout process.
(c) All prices are exclusive of any other sales tax or duty that may be applicable and which will be payable in addition to the price unless otherwise stated.
5. Delivery
5.1 Billtidy.com will deliver the Goods to the address (for Digital Licensed Images, the email address) specified in your Order. Please be clear and precise about your address when placing your Order.
5.2 We cannot accept any liability for any loss or damage to the Goods arising after they have been delivered to you.
Original Cartoons and prints
5.3 Every effort will be made to dispatch the Goods in your Order within fourteen (14) working days and in any event within 28 days from receipt of your Order.
Limited edition prints
5.4 Every effort will be made to dispatch the Goods in your Order within fourteen (14) working days and in any event, within 28 days from receipt of your Order.
Books
5.5 Every effort will be made to dispatch the Goods in your Order within seven (7) working day and in any event within 28 days from receipt of your Order.
General
5.6 If you Order two or more Goods then they may be dispatched separately and arrive with you at different times.
5.7 Please contact us should you wish to request international delivery, which may be available for certain items, at sales@billtidy.com
5.8 If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible by contacting us at sales@billtidy.com
6. Cancellation and returns policy
your rights to return Goods, or cancel an Order under defined circumstances.
6.1 You can buy the following from billtidy.com
(a) original cartoons and original cartoon strips (un-framed);
(b) limited edition prints and books.
You may return an art print or framed print if you are unhappy with the product when you receive it. A 20% fee of the cost of each returned item will be deducted from any refund. However, if an art print or framed print is faulty or damaged when you receive it, you may return the item for a replacement or a refund. You must notify us of any fault or damage within 14 days of receipt. Please email us at sales@billtidy.com and provide the following information:
(a) your details;
(b) your Order number; and
(c) a photo of the damage to or fault with the item and packaging.
We will arrange for a customer returns form to be sent to you. We will arrange for our designated courier service to collect the faulty item at our cost. A replacement item or refund will be issued on return of the faulty item.
Limited edition prints and books
Limited edition prints and books are treated as manufactured items and you have the right to cancel your Order prior to dispatch or within 14 days of receiving your Goods, and you will receive a full refund.
6.2 If you wish to cancel your order please call us on 01332 810481 or email us at sales@billtidy.com as soon as possible, but at the latest within 14 days of receiving your Goods. You will have to complete a customer order cancellation notification and email or post it to us.
6.3 If Goods have already been received, you will be responsible for returning the Goods including all costs. You must return Goods within 14 days of notifying us of your intent to cancel.
6.4 If you cancel your Order in accordance with these Terms and Conditions of Supply we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case we will refund the price of the Goods to be returned in full (including the original postage cost of sending the Goods to you).
6.5 If your limited edition print or book is faulty or damaged when you receive it, you may return the item for a full refund. You must notify of us of any fault or damage within 14 days of receipt. Please email us at sales@billtidy.com and provide the following information:
(a) your details;
(b) your Order number; and
(c) a photo of the damage to the item and packaging.
6.6 We will arrange for a customer returns form to be sent to you. We will arrange for our designated courier service to collect the faulty item at our cost. A refund will be issued on return of the faulty item.
6.7 In all cases we will only refund to the payment card used in the original purchase.
7. Customer service
7.1 Support is provided by telephone (01332 810481) and e-mail (sales@billtidy.com) during our normal business hours of 9am to 5.30pm Monday to Friday.
7.2 We regret that we cannot give advice in respect of Goods not purchased via the billtidy.com Shop. You should seek customer service advice from the retailer where Goods were purchased. In the first instance if there is an obvious fault with the item and it has not been caused by wear and tear or misuse, your first port of call must be the retailer where you purchased the item. It is important that you have proof of purchase.
8. Complaints
8.1 If you have any questions or complaints about the Goods, please contact us. We aim to deal with all complaints as effectively as possible.
8.2 Your complaint should be sent by email to Customer Services at sales@billtidy.com
8.3 We aim to acknowledge any complaint made through the billtidy.com, Shop by email within two working days, and to conclude our investigations as soon as possible thereafter and, in any event, within 14 days. Telephone complaints will not necessarily be acknowledged by email prior to investigation. Our acknowledgement will always include the name of the person who is handling your case and we shall keep you fully aware of the progress of your complaint. A likely timescale for resolution will be provided upon request, but this timescale will be dependent upon the specific nature of the complaint. If we are unable to resolve your complaint we shall give you an explanation of why your complaint was rejected (where applicable).
9. Privacy and data protection
9.1 We shall process your data in accordance with the terms of the billtidy.com Privacy Policy. Please view this document for further information. All information provided by you will be held securely and treated in accordance with the Data Protection Act 1998.
9.2 When you visit billtidy.com, or send e-mails to billtidy.com, you are communicating with us electronically. We will normally communicate with you by e-mail. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us and the Goods that we supply must be as described, fit for purpose and of satisfactory quality. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching the Contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2billtidy.com, will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause beyond our reasonable control. This condition does not affect your legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
11. Customs
When ordering goods from the billtidy.com, Shop for delivery overseas you may be subject to import duties and taxes that are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information. Please also note that when ordering from the Art UK Shop you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.
12. Variation
billtidy.com reserves the right to make changes to these Terms and Conditions at any time. However, you will be subject to the Terms and Conditions and policies in force at the time that you Order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law (in which case it may apply to Orders previously placed by you). If any of these Terms and Conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
13. Severance
If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and Conditions.
14. Waivers
No failure to exercise, or delay in exercising, any right under these Terms and Conditions or provided by law shall affect that right or operate as a waiver of the right. The single or partial exercise of any right under these Terms and Conditions or provided by law shall not preclude any further exercise of it.
15. Third party rights
A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them.
16. Governing law and jurisdiction
16.1 If you are a consumer, please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
16.2 If you are a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.