Terms of Use, and Terms and Conditions Policy 

Last updated: June 2021

Thank you for visiting the arts@willow website www.artsatwillow.com. You arrived at this Terms of Use from the above sites, referred to herein as “this web site”. 

Acceptance of Terms:

We reserve the right to modify these terms from time to time at our sole discretion and without notice by updating this posting. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.  

Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult these terms of use each time you visit this web site.

This website is owned and operated by arts@willow. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing this web site, or purchasing, downloading, installing or using arts@willow’s services or products, you are acknowledging you have read and accept these Terms of Use. This website offers visitors the opportunity to purchase original artwork direct from the business. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Limitations on Use:

 

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key Commercial Terms Offered to Customers:


When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

By making a purchase on this website, and submitting your order, you are agreeing to pay the listed price in full. You authorise arts@willow to charge your credit or debit card as payment for your product or service.  Furthermore, you agree that you are responsible for full payment of fees for your order, regardless of whether you actually use the product.

Digital images of the products for sale are provided on our website.  Please check the image carefully to make sure you are completely happy before purchasing. You may request further images if necessary, by contacting artsatwillow@gmail.com.  Please note that colours may vary due to browser and monitor/phone specifications. Although all pieces are sprayed with a protection spray, please do not place your art in direct sunlight as it may fade over time.

 

We strive for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinants, we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labelled with an incorrect price due to some typographical, informational, technical or other error, arts@willow shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. 

Delivery Policy:

We are committed to providing all customers with excellent service. Most items will normally be dispatched within 3 to 4 working days. Where free UK delivery has been offered, please allow up to 2 weeks for your order to arrive. If you require quicker delivery, please contact arts@willow to discuss pricing.  Commission based artwork may take longer to dispatch, and this will be discussed/agreed with you on order and receipt of deposit. 

Only orders for delivery within the UK will normally be accepted. However, should overseas delivery be required this may be agreed at the sole discretion of arts@willow, and upon agreement and payment of any additional fees at the time of ordering.  Such arrangements can be requested via email to artsatwillow@gmail.com.

Return and Refund Policy for Stock Items:


For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: items created specifically as a direct commission from the customer. 

 

The customer is responsible for any additional packaging or postage costs relating to returns.

Return Policy for Commissioned Items:

All arts@willow original paintings that are commissioned to order are exempt from the distance selling regulations in relation to ‘change of mind’. Digital images will be sent to the customer prior to dispatch and the customer must confirm their acceptance of the product.  Please check the image carefully to make sure you are completely happy before purchasing. Please note that colours may vary due to browser and monitor specifications. Although all pieces are sprayed with a protection spray, please do not place your art in direct sunlight as it may fade over time. 

Where deposits are taken for commissioned work, the customer understands that these are not refundable.  Services are considered rendered at the time of payment, such as extensive planning, strategising, designing and setup have been delivered in advance and cannot be returned.

Cancellation Policy for Commissions:

We are committed to providing all clients with excellent service. By making your purchase, you agree that arts@willow may, at its sole discretion, limit, suspend, or terminate your services without refund or forgiveness if you become disruptive or difficult to work with before or during your service term, if you fail to provide us with information or materials necessary to perform such services, are disrespectful to arts@willow, its members or branding, or if you impair our team members from performing their duties in any way.

If you wish to cancel your product, a minimum 48 hours’ notice of cancellation is required for cancellation to be considered. Notification for instance, in person, phone call, or via email, will be needed. In the case that the product has already been sent for delivery, your cancellation may not be approved.

Customers outside of UK:

Please notify arts@willow if you are outside of the UK (before placing any order) or you may have additional charges to cover for postage.  If you refuse the charges, you will not be eligible for a refund. 

Delivery times may vary due to the current Covid - 19 circumstances.

Retention of Right to Change Offering:


We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranties & Responsibility for Services and Products:


When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

Ownership of Intellectual Property, Copyrights and Logos:


The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of arts@willow. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

arts@willow retains the right to display any specific artwork created for customers in marketing materials to showcase their work and expertise.  This also includes the right to share case studies of strategies implemented for customers.  art@willow may use items in marketing materials, including but not limited to: website portfolios, videos, presentations, brochures, photographs, social media image galleries, articles, blogs, social media platforms, etc.  On specific request, customers may request in writing to retain privacy and anonymity if they choose.

Information you Submit:

You hereby warrant that any information you submit to arts@willow through this web site (via comments, forums, forms, groups, membership area, etc.) is owned by you and that you have the necessary authority to submit such information. You hereby grant arts@willow a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to arts@willow.

Indemnification:


You agree to indemnify and hold arts@willow harmless from any demands, loss, liability, claims or expenses (including legal fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of Liability:


To the maximum extent permitted by applicable law, in no event shall arts@willow, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, arts@willow assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Promotional Emails and Content:


You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of Law and Dispute Resolution:


These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the United Kingdom. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Customer Support Details and Contact Information:

 

If you need to contact us you can email us at:

artsatwillow@gmail.com

or by post to 7 Willow Way, Crosby Liverpool. L23 2TP

Please be aware that the business opening hours and days do vary and responses will be made within reasonable time allowances.

Disclaimer of Warranties:

All materials, information, software, products, and services included in or available through this web site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. arts@willow and its agents do not warrant that the content is accurate, reliable or correct; that this web site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this web site is solely at your risk. because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability:

Under no circumstances shall arts@willow, or its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this web site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if arts@willow has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of collective liability of arts@willow and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid to arts@willow for products or services. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, arts@willow’s liability in such jurisdictions shall be limited to the extent permitted by law.

Severability and Integration:

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and arts@willow with respect to this web site and supersedes all prior or contemporaneous communications between you and arts@willow with respect to this web site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms of Use of any agreement contained herein.

 

Failure of the Company to enforce any of the provisions set out in these Terms of Use and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use.  These Terms of Use shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of arts@willow.

Last Updated June 2021