Terms & Conditions
Baffle Scarred Art Online and Retail Terms & Conditions last updated January 2007
Introduction
These terms and conditions form a legal document which set out your rights and obligations and those of Baffle Scarred Art (the service provider) offering products for sale through www.bafflescarredart.co.uk and www.bafflescarredart.com
The terms and conditions are laid out below in plain English so there can be no dispute as to the intention of the writer your obligations or the obligations of the service provider. The terms and conditions are written given our understanding of English law and do not effect your statutory rights under English Law. No other legal system or statute is recognised as applicable by the service provider as relevant to the operation of this site regardless of your location.
Part One - When these terms and conditions apply
Viewing the site is free but you are bound by copyright laws immediately and all other terms and conditions the moment you start the buying process.
You confirm your acceptance of these terms and conditions by using the site and reaffirm your acceptance each time you re-visit the site, this constitutes a legally binding agreement between you and the service provider: WE HIGHLY RECOMMEND THAT YOU READ THE WHOLE OF THESE TERMS AND CONDITIONS.
Part Two - Variation
These Terms and Conditions are all that may be relied on as factual in your relationship with the service provider no variation addition or omission will be accepted unless first being agreed in writing by the service provider. Any advice, representation, recommendation or information given by the service provider regarding the products or services for sale do not form part of the agreement between us unless agreed in writing.
Although we will not change these terms and conditions without legal or commercial imperative the service provider reserves the right to change these terms and conditions at any time and only the terms and conditions published on this site at the time you are using it will apply. WE HIGHLY RECOMMEND THAT YOU CHECK THESE TERMS AND CONDITIONS WHEN YOU REVISIT THE SITE any changes will be highlighted or the date of writing will be altered to give clear notice of any changes.
Part Three - Site Content
The service provider forbids the use of any image photograph text sound or other item displayed or sold on this site to be used for illegal purposes. Copyright and any other intellectual property is retained by the service provider or the original artist and may not be reproduced, reprinted, copied, sampled, modified or used for public display, broadcast or any purpose not expressly allowed by these terms and conditions unless requested and agreed to in writing. For the purposes of only the products sold on this site the service provider is the exclusive representative of the artist and requests for use of products displayed on this site for purposes not expressly allowed by these terms and conditions must be made to the service provider in the first instance who will then request permission from the artist concerned their management, agent or other representative before responding in writing.
The Baffle Scarred Art name and logo are trade marks of Blue Strawberry Elephant a design partnership based in Sheffield England. All rights reserved.
In agreeing to these terms and conditions you indemnify, defend and hold harmless the service provider its employees, partners, officers, agents, third parties, artists, legal and any other representatives from your use of the site including any breach of these terms and conditions. You also indemnify all as above against any loss, liability, either direct or indirect or for any loss of data, profit, revenue business or management time however caused.
Part Four - Payment
Placing an order is not a guarantee of acceptance of your order by the service provider. Receipts, invoices and vat invoices are issued by e-mail.
Payments for goods and services sold on this site can be made by credit or debit card, cash or cheque (with cheque guarantee card) in person at by calling at the main trading address or by credit or debit card when calling 0114 278 6998; details of credit and debit card are put into a streamline machine provided by Royal Bank of Scotland no other record is kept of your card details therefore the service provider does not hold or have access to your credit or debit card details and is not responsible for any complaints made regarding the use of the same. Using incorrect name and address details or credit or debit card details you are not fully entitled to use is expressly forbidden under these terms and conditions.
Payment by cheque can be made by post with a written order in which case your order will be despatched when funds are cleared into our account.
By using this site you are confirming that you are legally entitled to enter into a contract for goods and services, usually this means you are over 18 years old.
Part Five - Delivery and Returns
In the unlikely event that a product cannot be delivered within the period given on the relevant department page you will be informed at the earliest possible point and offered a later guaranteed delivery date or re-fund.
We make every effort to ensure that products are packed to avoid damage in the rare event that a product does not reach you in perfect condition we will replace the product and cover the cost of any postage or delivery charge you incur in returning the damaged goods.
If you are not completely happy with the product you have received for any reason other than damage caused in transit please return the item in perfect re-saleable condition within 14 days and we will re-fund the purchase price or send you alternative goods of your choice to the same value, you are responsible for the cost of returning the goods. The service provider is not liable for any refund or compensation greater than the original purchase price.
Part Six - Control and Corrections
The service provider is not liable for any failure to perform its obligations under these terms and conditions if caused by matters beyond our control. Matters beyond our control including but are not exclusive to:
Floods, fires and natural disasters
Riots and civil unrest
Local legislation and regulations
Regional or National crisis
Acts of God
We endeavour to keep descriptions of goods and services up to date and accurate to the best of our knowledge. However, colours and the appearance of products in real life may vary slightly from the way they are represented on your computer screen.
Part Seven - Information
All information collected by this site is strictly confidential and protected by the Data Protection Act. By using the site you agree to our use of your personal data for internal research purposes so that we can provide an increasingly better service, your information will not be sold or given to any third party.
Part Eight - Complaints Policy
If you are not satisfied with the service you have received from the Baffle Scarred Art web site please contact us by post and we will respond within 5 working days.
Part Nine - Inclusion
In the event that any part sentence or paragraph of these terms and conditions are invalidated by court order or decree the remainder of the terms and conditions will remain valid and enforceable.
For full legal information and terms and conditions relating to corporate sales please refer to Legal at www.bluestrawberryelephant.co.uk