Terms and Conditions of Service for www.Luciahardy.co.uk & Lucia Hardy, Artist, Blue Wood Services.
1.1 This website, the services explained here in and artistic projects and events run by the artist are operated by Lucia Hardy. Throughout the site, the terms “we”, “us”, “I”, “my” “the artist” and “our” refer to Lucia Hardy. Lucia Hardy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By visiting our site, connecting with the artist directly and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms ofUse”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, all purchasers of goods directly from the artist (via “in-person”,“events” and “direct purchases”), individuals who connect with the artist (via“art journal” “Newsletter” “direct messages” “direct communication”) including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
1.3 Please read these Terms of Service carefully before accessing or using our website and services. By accessing or using any part of the site, or by receiving information regarding a direct purchase from the artist, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, purchase goods or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.4 Any new features or tools which are added to the current store, or to any other of the artists in-person or direct communication methods, shall also be subject to the Terms of Service. You can review the most current version of theTerms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.5 Our store is hosted on Format.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2 ONLINE STORE TERMS AND CONDITIONS
2.1 By agreeing to these Terms of Service, you represent that you are over 18 years of age.
2.2 You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3 You must not transmit any worms or viruses or any code of a destructive nature.
2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services and may result in legal action.
3. GENERAL TERMS AND CONDITIONS
3.2 Where contact, arrangements or purchases directly from the artist are made at an art fair or managed event, please refer to the terms and conditions of that managed event in the first instance.
3.3 We reserve the right to refuse service to anyone for any reason at any time.
3.4 You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.5 Products are supplied for domestic and private use only, and not for any commercial or business purposes. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, it’s use, access, or contact information without our express written permission.
3.6 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. INFORMATION: ACCURACY, COMPLETENESS AND TIMELINESS.
4.1 Although every care has been made to present art, products, content and descriptions as accurately as possible, we are not responsible if some information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. The image you see may be different due to slight variations in colour, size or composition due to variations in browsers, devices, monitor settings and viewing conditions therefore any variations between images and the actual artwork is not deemed as a fault and should not be relied upon as a valid reason for return or fault. It is your responsibility to enquire or consult for more accurate, complete or timely sources of information and any reliance on the material on this site is at your own risk.
4.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. AMENDMENTS TO SERVICE, CONTENT AND PRICE.
5.1 Prices for our products are subject to change without notice.
5.2 We reserve the right at anytime to modify or discontinue a Service (or any part or content thereof) without notice at any time.
5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5.4 We charge for Postage &Packaging Costs in line with our Shipping Policy detailed here and reserve the right to change our arrangements at any time. Please refer to this policy for the most upto date information on shipping processes and charges.
6. SERVICES AND PRODUCTS
6.1 Certain products or services may be available exclusively online through the website or be exclusively available at events or exclusively available as part of another direct, limited period marketing activity. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.2 We have made every effort to display as accurately as possible the colours, form and images of our products that appear in the store, however the issues raised in 4.1 apply. When you make an enquiry by message or email regarding a product shown on social media, if necessary I will share further images to if the image referenced is not clear, fully accurate or complete. Any additional images shared are also covered under the terms of this agreement and the issues raised in 4.1.
6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on acase-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
6.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6.5 For information on returning products please refer to our Returns Policy here. We reserve the right to change our arrangements at any time. Please refer to this policy for the most up to date information on returns processes. We operate in line with UK law and applicable selling regulations laid out in the Consumer Rights Act 2015.
7. ACCOUNT AND BILLING INFORMATION ACCURACY.
7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.2 You agree to provide current, complete and accurate purchase and account information for all purchases made with the artist or at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7.3 All Products shown on our Site are subject to availability.
7.4 When you place an order on the website:
You will be required to confirm your order on the website, and then log in to your PayPal account where you will be charged directly for your order.
You will receive an e-mail acknowledging that your order has been confirmed. At this point a binding contract will be formed between us for the purchase and completion of the transaction.
I will prepare your order for delivery in line with my shipping policy or any discussions we have shared regarding delivery. Further to any other communication or arrangements I will prepare the goods for delivery and notify you via Paypal that your order has been dispatched for delivery.
On arrival I will email you to confirm delivery and may also contact you in a further communicationto gain your future communication preferences.
7.5 When you place an order through a direct method with the artist, when you are not present:
You will receive a payment link or QR code to pay remotely.
You will receive a confirmation email to confirm your payment has been received, that the product is available and your order accepted.
You will receive an email to confirm when your order has been dispatched and any tracking information.
You will receive an email to confirm that delivery has been completed and may also contact you in a further communication to gain your future communication preferences.
7.6 When you purchase an item through an in-person event or meeting with the artist:
You will use your preferred option of payment method, cash or card –using the i-Zettle payment machine.
You will have the option of receiving no receipt, an email receipt of goods, or can request that a paper receipt is provided.
I may ask if you would like to be included in future communications, including the email newsletter and with your in person consent, can add you to the appropriate lists directly.
8. OPTIONAL TOOLS.
8.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
8.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
9. THIRD-PARTY SERVICES AND LINKS
9.1 Certain content, products and services available via our Service may include materials and services from third-parties.
9.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
9.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites and services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
10. USER COMMENTS, SUBMISSIONS AND FEEDBACK.
10.1 If, at our request, you send certain specific submissions (for example contest entries) or without are quest from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise(collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
10.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
10.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11. PERSONAL DATA AND INFORMATION
12. ERRORS, INACCURACIES AND OMISSIONS
12.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
12.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
13. PROHIBITED ACTIVITY AND USE.
13.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13.2 If the Seller fails to comply with these Terms, the Seller (as appropriate) are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or negligence, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if it was contemplated by you and the Seller at the time we entered into the Contract (for example when you purchased goods and had your order confirmed as detailed in 7.4).
13.3 The Seller does not in any way exclude or limit the liability to you where it would be unlawful to do so under the terms set out in the Consumer Rights Act 2015.
14 DISCLAIMER: WARRANTIES, LIMITATION OF LIABILITY
14.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
14.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
14.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
14.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
14.5 In no case shall Lucia Hardy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16.1 You agree to indemnify, defend and hold harmless Lucia Hardy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
17.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
17.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
18. ENTIRE AGREEMENT
18.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
18.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
18.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18.4 If you believe that any information held is incorrect or incomplete, please email as soon as possible at firstname.lastname@example.org. Any information found to be incorrect will be promptly updated.
19.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
20. AMENDMENTS TO TERMS OF SERVICE.
20.1 You can review the most current version of the Terms of Service at any time at this page.
20.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
21. CONTACT INFORMATION.
21.1 Questions about the Terms of Service should be sent to us at Luciahardy@outlook.com.