Terms & Conditions of Use

Artifolk Website Use & Sales Terms
July 2021

IMPORTANT NOTES:
Access to and use of our site is provided by us subject to the following terms and conditions, which also apply to your purchases and accounts. By visiting our website, registering for an account or purchasing from us, you agree to be bound by these terms. 

Our liability is excluded and limited according to clause 12. In particular we do not accept liability for business-related losses or for the acts or omissions of other users. Your statutory rights as a consumer are not limited or excluded, except to the extent permitted by law.

Our website content is our property and you may only use it according to clause 11 below. You are required to license us your content in accordance with clause 11 below.


1. About these terms
These are the terms of use of our website, and the terms applicable to any purchases made through our website and accounts opened through our website. They are applicable to both casual visitors to our website, as well as our customers and other users.

2. About us
Artifolk is the trading name of Teaching Art Ltd. We are a limited company registered in England and Wales with company number 1976314, and our registered office is at Millennium House, Brunel Drive, Newark on Trent, Nottinghamshire, NG24 2DE.

3. How to contact us
To contact us and send notices to us, please write to our principal office at Artifolk, Teaching Art, Millennium House, Brunel Drive, Newark, Nottinghamshire, NG24 2DE, e-mail us at sales@artifolk.co.uk or call us on 08000 434617. We may, at times, record certain inbound calls. This is purely for training purposes and will be permanently deleted after use.

4. How we may contact you
We may contact you and send you notices using your e-mail address supplied if you register for an account. We may also write to you at your last known address or telephone you using any telephone number you have provided.

5. Our website and services

a. Accuracy and Errors
We make all reasonable efforts to ensure that all information on this site, including products and services information, availability and pricing, is accurate, complete and up-to-date, but there may be errors which we fail to notice for which we shall not have any liability. In addition, all our content is only valid at the time it is downloaded and may change on a subsequent visit to our site. We reserve the right to correct any errors and to change any information (including services, products, stock availability, pricing and delivery charges) at any time without notice. If any change affects an order you have submitted then we will give you the opportunity to cancel the order rather than accept the change.

b. Availability
Our website and services will be available at such times as we may decide. We may suspend our website and services at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation.

c. Changes
We shall be entitled to change our website and services from time to time, and cease providing any particular part, functionality or service, without notice for any reason.

d. Restricted assess
We may restrict access to some parts of our website and services to users who have an account with us or a particular type of account with us. Further details are contained on our website. For instance, you will need a particular account to fully use our professional services for artists.

e. Third Party Websites
If we include a link to a third-party website on our website you should note that these third-party websites are not our responsibility and you visit them at your own risk. If you supply any data to them, you should read their privacy policy.

f. Languages
Our website and any transactions conducted through this web site are in the English language only.


6. Purchasing from us

a. Invitation to do business
Our website constitutes our invitation to supply products and services to you, but it is not a binding legal offer from us. To purchase any products or services from us you need to follow the ordering process on our website (or alternatively telephone use or visit us in person).  

b. Need for a basic account
To order through our website, you will first need to register for our basic free-homepage account. 

c. Your order
Any order you submit is your legal offer to purchase the ordered products and services.   We may decline your order for any reason. We will normally do this, for instance, if we have not managed to collect payment or products are not in stock.

d. Acknowledgement of receipt of your order
When we receive your order will send you an e-mail to confirm receipt of your order, and our website may also return a web page to confirm successful submission of, or receipt of, your order. These communications from us shall NOT create the contract at that stage and we may still decline your order, if, for instance, we cannot get the products in stock. If the products are not in stock, we will hold your order as a back-order, which you may cancel at any time, and we may accept your order and take payment at the time we are ready to despatch or ship the products.

e. Acceptance and Formation of Contract
A contract between us for the supply of products or provision of any account or other services comes into force when we send you a separate e-mail confirming that your order is being processed and/or accepting your order.  Your order will also be deemed to be accepted by us if we despatch or ship the products or commence the account/services ordered.

f. Acceptance and Formation of contract
On acceptance of your order, we agree to supply to you and you agree to pay for the products and services ordered.     

g. Terms and conditions
The terms set out in this document, and any other terms set out on our website or in any of our e-mails or printed documents, shall apply to all agreements between us for any account, or the supply of any products or services.

h. Price, Delivery Charges, and VAT
The price and delivery charges for all products or services you order shall be as stated on our website at the time of your order, and we will apply all stated discounts as applicable. All prices and delivery charges are inclusive of VAT unless otherwise stated. We shall be entitled to correct any pricing errors, and vary your order accordingly, in which case you will be given an opportunity to cancel your order.   

i. Payment
Payment must be made with your order and received by us before any products or services will be despatched or shipped. If your order is put on back-order because we do not have the stock available for immediate supply, we will take payment when your order is ready to be despatched or shipped. If payment is not received, we may cancel your order. Payment should be by credit or debit card or PayPal as specified by us, including on our website or in our printed forms.

j. Description
The products and services will correspond to the essential characteristics, description and specification set out in our website at the time of order. We shall be entitled to correct any description errors, and vary your order accordingly, in which case you will be given an opportunity to cancel your order. 

k. Delivery of products and commencement of services
We will use reasonable endeavours to deliver all products and services in accordance with the applicable delivery method, option and timescale selected by you on our website, to the delivery address specified in your order. In any event, delivery will be or commence no later than 30 days beginning with the day after we received your order. We may ask for deliveries to be signed for. We will use reasonable endeavours to commence providing any account shortly following acceptance of your order.

l. Your right to cancel (products)
In relation to any products you order, you have a right under the Consumer Contracts (Distance Selling) Regulations 2000 to cancel your order and return the products by giving notice to us within 7 days after the day you received the products. Without affecting your statutory rights, we agree to extend this right by allowing you to cancel the order, and return the products, at any time up to 12 months after receiving the products, and we may, in our discretion, allow returns after 12 months. We may, at our discretion, refuse a return if the products cannot reasonably be expected to be resold by us by reason of any use, consumption or change to their state or condition after delivery to you. If you cancel, you must stop using the products and must take care of them. You are responsible for returning the products to us promptly, and meeting this cost, but we may alternatively choose to collect the products from you. You must make reasonable efforts to retain and return to us at the same time all packaging, contents, documents and other items supplied with or as part of the products, including any free gifts. If you cancel and return the products above, all refunds will be paid by the same method as we collected payment, within 30 days, less any cost of returning the products, and less any loss in value of the products caused by you.

m. Your right to cancel (accounts and services)
In relation to any account or other services you order, you have a right under the Consumer Contracts (Distance Selling) Regulations 2000 to cancel your order by giving notice to us within 7 days after the date the order became an agreement with us, in which case we will refund your account fee or other fee paid for the account or services by the same method as we collected payment, within 30 days. In the event that we received payment by Direct Debit, a cheque will be issued for any refundable amount.

n. Termination of services (other than accounts)
Accounts are covered by Clause 8. Any other services we provide which are ongoing or services of indefinite duration may be terminated by either party at the end of any period covered by any fees for the service, by 7 days prior notice to the other.

 

7. Behaviour and conduct

a. Purpose of use
You must only use our website and services for the purposes for which they are designed and intended by us, in connection with your interests as an artist.

b. Personal use only
You must not use our website or services to market or advertise any products or services, except where expressly contemplated by our website and services.

c. Relationship with other users and staff
You must always be polite, truthful, honest and reasonable to other users, us and our staff. You must not engage in any behaviour in relation to other users, us or our staff which may violate any rights or harm or threaten the health, welfare or safety, or which is criminal or otherwise contrary to the law.

d. Use of our website and services
You agree to use our website and services only for lawful purposes reasonably connected to the intended purpose of our website and services, and you must not use our website or services for, or in connection with, any unlawful or criminal activity, or in a way that may inhibit the use and enjoyment of our website by any other person or disrupt the normal flow of dialogue, or in a way which may harass or cause distress or inconvenience to any person, or in any way that may damage, unreasonably burden or disrupt or website or services, or otherwise in a way contrary to these terms. 

8. Intellectual-property rights
a. Our Intellectual-property rights and licence to you
You acknowledge and agree that all intellectual-property rights in or associated with our website, web pages and content, and the Artifolk name and any other trading, product or service names used on our website, are and shall remain our sole and absolute property and that of any contributor other than you. You shall have no right, title or licence in or to the same, except for the limited download licence granted below. All implied licences or transfers of rights are hereby excluded,
We hereby grant you a download licence (as defined in Clause 15) in relation to each web page and its content made accessible to you. The download licence may be terminated by us at any time by notice to you, in which case you shall erase all copies of our web pages and our content made or held by you.
You must not copy, reproduce, republish, download, post, broadcast, distribute, adapt, alter, create a derivative work of or combine with other works any of our content, or do anything else with our content, except to the extent permitted by the download licence or otherwise in writing by us.

b. Your intellectual property rights and licence to us
We acknowledge and agree that all intellectual-property rights in your content shall remain your sole and absolute property.  
When you supply your content, you grant to us an irrevocable, perpetual, non-exclusive, fully-paid, royalty-free, world-wide licence to use your content in any way that we decide, as long as such use reasonably connected to the purposes for which your content was provided, or the provision of any services to you, or the operation of our website or any schemes, competitions, exhibitions or events, or for keeping an archive record, and is not inconsistent with our privacy policy. This licence includes the right to copy, edit, modify, adapt, translate, prepare derivate works based on, incorporate into other works, and distribute (in any and all media or distribution methods whether now known or later developed) your content, to grant sub-licences to our contractors and suppliers to enable them to provide products and services to us in connection with your content, and to grant download licences to other users in relation to your content. You also waive any moral rights which you may have in the same, including to be identified as author, in any part of the world, except in relation to your paintings and your tuition materials. You must ensure that you only supply content which is either your own work, or is third-party content where you have authority to grant the above licence to us.

9. Our Liability

a. Statutory rights of consumers
Nothing in these terms shall affect your statutory rights as a consumer to the extent they may not be excluded or limited by law. This includes any rights you may have under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, The Consumer Protection (Distance Selling) Regulations 2000, the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

b. Other things we don't limit or exclude
We do not limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or any breach by us of your privacy, or any liability to refund to you all or any price, fees or other amount paid by you.

c. Our website and services
Where you are using any paid-for element of our website, content or services, then we will provide that part of our website, content or services with reasonable care and skill, subject to the limitations and exclusions in Clauses d. e. and f., but we do not warrant that they will be interruption or error-free.
In relation to all free elements of our website, content and services, and any content of other users:
you use these at your sole risk,
they are provided "as is" and "as available", without warranty, guarantee, or promise as to their quality, condition, fitness for purpose, availability, suitability, functionality or non-infringement of intellectual property rights,
we hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions in your favour with respect to the them, and we hereby disclaim and shall have no duty of care to you in relation to them.

e. Exclusion of business related loss
To the maximum extent permitted by law, we expressly exclude any and all liability we have to you (including for breach of contract, tort (including negligence), or otherwise howsoever) for direct or indirect loss, damage or liability relating to or suffered by any business, occupation or other non-domestic activity you engage in or are interested in, including (without limitation) loss of profit, revenue, contract, sales, income, goodwill, opportunity, business, savings, data, use or reputation, wasted management or office time, or any special, indirect or consequential loss of any kind.

f. Circumstances outside our control (force majeure)
We will not be liable for any breach of agreement caused by an event or circumstance beyond our reasonable control.

g. Cap on liability
Subject to Clauses 12a and b, our maximum liability to you (in contract, tort (including for our negligence), and otherwise however) arising in relation to our website, services and, products, shall be limited to £500.

10. Applicable Law and Disputes
These terms and any agreement with you is subject to the law of England and Wales, and you must bring any claims against us exclusively in the courts of England and Wales.

11. Changes to these terms
We may at any time unilaterally change these terms by publishing a new version on our website. You are responsible for reviewing regularly our website to look out for updates.  By continuing to use our website and services after any such change you will be considered to have accepted the change.

12. Meaning of words we use in these terms
In these terms:-
"agreement" means any purchase order, account or other agreement between you and us.
"account" means any account, subscription or membership with us or our website, including for individuals, clubs and regional co-ordinators, and the associated services that come with that account.
"account fees" means any annual fees, subscription fees, membership fees and other fees for our services.
"account information" means account information, including identity, contact details, address book, payment information, order history, and friend recommendations.
"content" includes text, images, graphics, audio and video, html, style sheets, JavaScript, and any other works, data, information, or materials, and including account information, profiles and messages.
"messages" includes any e-mails, messages, comments or other communications. 
"download licence" means in relation to any content a non-exclusive licence to download it into a web browser cache or the purposes of viewing and running it in a web browser, a licence keep a single copy in a folder on a hard disk or other storage equipment for the purpose of retaining an archive and to view and run the same in a web browser, media player or other viewing application, and a licence to print a single copy for your own records. The licence is only for non-commercial use.
"intellectual property rights" means any copyright, design rights, patents and rights to inventions, trademarks, rights in respect of passing off, rights in respect of confidentiality, and any other intellectual property rights, in any part of the world, and whether registered or unregistered, and any rights in any applications for the same.
"our" and "us", "we" means Teaching Art Ltd, trading as SAA.
"our content" means all content we make available through our website or services, including content provided by other users, but not including your content.
"products" means all goods (including tickets and vouchers) listed for sale on our website from time to time.
"profile" means any user's profile on our website, including user biographical information, competitions entered, clubs and groups, accounts and professional-artists information, galleries, portraits, exhibitions, awards, tuition information, media and subjects.
"you" and "your" means any guest, visitor or user of our website, and any customer or member of ours or our website.
"your content" means any content which you create, provide, send or supply from time to time.
"your data" means all data and information which you supply or we otherwise hold, obtain,  generate or process in relation to you from time to time, including your content.
"service" means any service provided by us, whether free or paid-for, including any feature or functionality of our website, and any membership, account, event, competition, exhibition, scheme, affiliation, publication, newsletter, or other service we provide.
"use" means, in relation to our website or services, any use of our website or services, including visiting our website, viewing web pages and downloading materials from our website, using any feature, service, or functionality, registering for an account, becoming a member, purchasing from us, participating in a competition, scheme, or exhibition, advertising, submitting forum posts, providing content, and sending messages.
"user" any person who uses our website or services, including any affiliate club and its members, and any regional co-ordinator.
"website" means our internet website whose address is http://www.saa.co.uk and any additional or replacement website from time to time that we operate, and all associated functionality, features and services provided by our website.
"web page" means each page of our website, including static and dynamic pages, and all content of each page or offered for download through such page.