Terms and Conditions

Cut Loose Art
Curtisward Ltd
Unit 7 Global Park Trading Estate, Station Road, Bampton, Tiverton, Devon, EX16 9NG
mail@cutlooseart.com

Company number: 06610117
Registered in England and Wales
VAT No. 940 9186 09

Effective Date:14/08/2018

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.cutlooseart.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.

Definitions

The terms “us”, “we”, and “our” refer to [Our Company], the owner of this Website. A “Visitor” is someone who merely browses our Website. The term “User” is a collective identifier that refers to either a Visitor or a Customer. The term “Product” refers to any products we sell or give away.

All text, information, graphics, design, and data offered through our Website are collectively known as our “Content”.

Acceptance of Agreement

This Agreement is between you and [Our Company].

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and [Our Company] and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this https://www.cutlooseart.com/privacy-policy/. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.cutlooseart.com Privacy Notice, do not use this Website or our Services.

Arbitration

Any dispute arising out of or in connection to this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated, by reference, into this clause. The seat, or legal place, of arbitration shall be England, United Kingdom. The language of the arbitration shall be English. The number of arbitrators shall be one.

Choice of Law

This Agreement will be governed by and construed in accordance with the laws of England, United Kingdom, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and [Our Company].

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of [Our Company].

Our Content, as found within our Website is protected under United Kingdom and foreign copyrights. The commercial copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Permission is granted to reproduce text and images found on cutlooseart.com for personal and educational use only. The commercial copying, redistribution, use, or publication by you of any such Content is strictly prohibited without permission from [Our Company]. Your use of our Website does not grant you any ownership rights to our Content.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.

[Our Company] reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.

Disclaimer

You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.

Linking to Our Website

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.

Links to Other Websites

Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
[Our Company] has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Order Processing

Contract Creation and electronic contracting

The technical steps required in creating the contract between you and [Our Company] are as follows:

• You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.

• We will send to you an order acknowledgement email detailing the products you have ordered.

• As your product is shipped we will send you a despatch confirmation email.

• The completion of the contract between you and [Our Company] will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have changed or cancelled the order by contacting us within 24 hours of placing the order.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock.

• Our inability to obtain authorisation for your payment.

• The identification of a pricing or product description error.

• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

All correspondence throughout the order process will be conducted in English.

Payments

Making Payment
All orders must be placed via our web site using one of the Secure Online Payment Gateways offered at the Checkout. You can pay by Credit Card, Debit Card or Paypal.

Credit or Debit Card
All major Credit and Debit cards are accepted – Visa, Electron, Discover, Maestro, Mastercard, American Express.

Payment by debit or credit card is carried out on a fully secure SSL (Secure Socket Layer) encrypted page held by our payment partner. This protocol ensures the full confidentiality of any information you enter. Online card transactions that are secured via SSL technology are therefore safe and not exposed to theft or piracy. All payment information is encrypted from the moment it is entered on your computer, to the moment it is received by the bank’s server. Cutlooseart does not retain any of your card details, which is why you’ll be asked to enter them each time you buy something on our website. You will need to ensure that the registered Billing Address is given with the card details on the payment page to ensure the payment can be verified.

Payment by Paypal
We accept payment by Paypal either through your Paypal account or a credit/debit card payment made via their gateway. This is a fast, easy and safe online payment method where you can send money without sharing your financial information. PayPal helps protect your card information using the best systems on the market for security and fraud prevention. When you use PayPal, your financial information will never be shared with the seller.

Orders are not complete until a payment is made and no goods are despatched prior to payment being received.

VAT

Orders placed via cutlooseart.com are subject to a UK VAT charge.

Customs

For international buyers – please be aware that there can be customs charges that you might have to pay. Though unusual, it is possible for customs to sometimes hold parcels up to a few weeks.

Delivery

We aim to dispatch all orders within 3 days with UK delivery made within 1 week.

All goods on an order are dispatched together. If, on the very rare occasion, there is an issue with part of your order, we will contact you to let you know and for instruction on how you would like us to proceed.

Information on our delivery rates, services used and expected delivery times can be found on our Delivery Information page.

Refund and Return Policy

We make every effort to ensure that your goods arrive in perfect condition, are fit for purpose and are as described.

NO LONGER NEEDED?

If you have changed your mind or the item is no longer required and you wish to return it, please contact us within 14 days of receipt of the order at mail@cutlooseart.com to log your intention to return. You then have a further 16 days to return the goods in original condition it was received, in accordance with the Distance Selling Regulations on your Right to Cancel. Please remember to include details of the Order Number and/or your name so that we can process the return as quickly as possible for you. I am afraid that return postage cannot be refunded in this instance. The return of such items is the full responsibility of the customer, and the goods must be securely packaged to ensure that they arrive back to us undamaged. Customers who are exempt from Distance Selling Regulations may not cancel an order except with our mutual agreement.

DAMAGED OR DEFECTIVE?

If an item is damaged in transit, please contact us at mail@cutlooseart.com as soon as you have received the item and we will take the necessary steps to resolve the issue. Where you return a Product to us because it is defective, we will examine the returned Product and notify you of your refund via e-mail. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. The item cost of a returned defective product will be refunded in full plus a refund of the delivery charges paid on the order. On receiving your notification of a defective product, we will provide a Postage Paid Return label by email to enable the return the item to us free of charge. To initiate the process, you must inform us by email at mail@cutlooseart.com.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website.

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