1. Introduction
These terms and conditions govern your use of Africa Wildlife Art and www.africawildlifeart.com; by using my website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use my website.
2. Intellectual Property Rights
Unless otherwise stated, I own the intellectual property rights in the website and/or material on the website. Subject to the licence below, all these intellectual property rights are reserved.
3. Licence To Use Website
You may view, download for caching purposes only and print pages from the website for your own personal use, subject to the restrictions below. You must not:
3.1 Republish material from this website (including republication on another website);
3.2 Sell, rent or otherwise sub-license material on the website;
3.3 Reproduce, duplicate, copy or otherwise exploit material on my website for a commercial purpose;
3.4 Edit or otherwise modify any material on the website;
3.5 Redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
4. Limitations Of Liability
The information on this website is provided free-of-charge and you acknowledge that it would be unreasonable to hold me liable in respect of this website and the information on this website. Whilst I endeavour to ensure that the information on this website is correct, I do not warrant its completeness or accuracy; nor do I commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law I exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
My liability is limited and excluded to the maximum extent permitted under applicable law. I will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with my website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, I will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with my website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit my liability for fraud, for death or personal injury caused by my negligence, or for any other liability which cannot be excluded or limited under applicable law.
5. Restricted Access
I reserve the right to restrict access to any or all areas of my website, or indeed my whole website, at my discretion.
6. Website Usage
You must not use my website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use my website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use my website for any purposes related to marketing without my express written consent.
You must not use my website to copy, publish or send mass mailings or spam.
You must not use my website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under UK and other applicable law.
All material you copy, publish or send via my website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
I reserve the right to edit or remove any material posted upon my website.
I may take such action as I deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
7. Variation
I may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
8. Entire Agreement
These terms and conditions constitute the entire agreement between you and me in relation to your use of my website and supersede all previous agreements in respect of your use of this website.
9. Law And Jurisdiction
This notice will be governed by and construed in accordance with English law and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
10. Contact Details
Questions about the terms of service should be communicated to
Africa Wildlife Art addressed to :
Use
1. Introduction
1.1 Africa Wildlife Art reserves the right to refuse any order you place on the website. Africa Wildlife Art may, in its 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 Africa Wildlife Art makes a change to or cancels an order, it may attempt to notify you by contacting the email 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 unless the orders are made with prior permission of Africa Wildlife Art.
1.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out.
2. Orders and Prices
2.1 In respect of an order made through www.africawildlifeart.com, select the number of items you wish to buy, then click on checkout and enter your personal details. Your order will then be sent to Africa Wildlife Art by e-mail.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out.
2.3 Africa Wildlife Art may provide you with access to third-party tools over which we neither monitor nor have any controls or input.
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.
Any use by you of optional tools offered through www.africawildlifeart.com 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).
We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms and Conditions.
2.4 Links to Third Parties
Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites. 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.
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. 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.
3. Delivery and Returns
See Shipping Policy
4. Title and Risk
Title and risk in the Artwork shall pass to you when Africa Wildlife Art has received the payment price for the Artwork in full, in cash or in cleared funds, and delivery has been made. Upon such payment and delivery, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.
5. Ownership of Copyright
5.1 The Artwork is produced with the intention that it will be sold exclusively through Africa Wildlife Art or any other outlet approved by Africa Wildlife Art . It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment.
5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description.
5.3 In accordance with the Copyright, Designs and Patents Act 1988, copyright in the Artwork shall remain the property of the Artist at all times.
5.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.
5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate Africa Wildlife Art for any such breach. Africa Wildlife Art carry out all or any of the following actions:
5.5.1 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;
5.5.2 Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
5.5.3 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
5.5.4 Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.
5.6 The list set out above is not exhaustive and you will indemnify Africa Wildlife Art in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
6. Data Protection
6.1 By signing/agreeing these Terms and Conditions, you confirm that you are aware of and consent to the use by Africa Wildlife Art of any personal data within the meaning of the Data Protection Act 1998 and that Africa Wildlife Art may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Artwork.
6.2 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with Africa Wildlife Art and may be provided to any third party in a similar business to Africa Wildlife Art.
7. Africa Wildlife Art
7.1 Except in respect of death or personal injury caused by Africa Wildlife Art negligence, Africa Wildlife Art shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Africa Wildlife Art, its agents, subcontractors or otherwise) which arise out of or in connection with the sale of the Artwork or its use by you and the entire liability of Africa Wildlife Art under or in connection with the sale of the Artwork to you shall not exceed the total sum paid under the invoice for the Artwork.
7.2 Africa Wildlife Art does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.
8. Rights of Third Parties
No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms and Conditions other than in respect of condition 5 above, which confers a benefit on the Artist and is intended to be enforceable by the Artist.
9. Waiver
No failure or delay by Africa Wildlife Art in exercising any right, power or privilege shall impair the same or operate as a waiver of the same, nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right power or privilege. The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
10. Severance
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
