GENERAL INFORMATION >
The TOS constitute the entire agreement between you and Wallcreate.com and govern your use of Wallcreate.com, superceding any prior agreements between you and Wallcreate.com. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and Wallcreate.com shall be governed by the laws of in accordance with the laws of England and Wales without regard to its conflict of law provisions. You and Wallcreate.com agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales. The failure of Wallcreate.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Wallcreate.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOS are for convenience only and have no legal or contractual effect.
You Acknowledge >
When uploading, emailing or posting an image for us to create canvas prints from photos you confirm that that you own the rights to the image or artwork or have obtained written permission. You are not permitted to upload, email or post any images or other material which contains:
• Pornographic or obscene material
• Racist material
• Material that is likely to incite hatred against any person or group
• Blasphemous material
• Defamatory or otherwise actionable material
• Images of any criminal act
• Material the use or inclusion of which infringes copyright, trademark or other intellectual property right of any third party
• Material that breaches any applicable laws or legislation
You will retain all intellectual property rights, including copyright, to the images that have been submitted.
Production Methods >
In the production of our art on canvas or canvas prints from photos you acknowledge that there will be a certain amount of cropping and editing to create the best possible result from your image or artwork. A sufficient bleed on the sides is required when using a colourmatch, black & white edges or a mirrored edge. You must also acknowledge that the quality of the final canvas print is determined by the quality of the image or artwork submitted. All product sizes are accurate to a degree but due to the hand made production of each individual canvas, there may be very slight deviations in the sizes quoted on the web site.
Images / Artwork >
You may upload, email or post images in most file formats (JPEG Preferred). If you are submitting a photo or image for scanning please make sure the print is no larger than a sheet of A4 Paper (29.7mm x 210mm), and that the image has been posted in an appropriate envelope to restrict damage. We also advice using a recorded delivery system for your own peace of mind.
It must be noted that any images that are of an important or valuable nature are not our responsibility if they become lost or damage in transit. As our policy we recommend that you make copies and endeavour in whatever means you think to safe guard the delivery to us. Any artwork that is submitted to us will be returned with your canvas print.
Gift Vouchers >
Any gift voucher purchased can be used on any Wallcreate art on canvas products for sale on the Wallcreate.com website. Gift vouchers are valid for 12 months from the date of issue, please contact Wallcreate after the 12 months are up. If a voucher is over the final basket total the remaining amount will not be reissued to the purchaser. If the gift voucher is below the final basket total the remaining amount will have to be paid using all major credit cards or paypal through our check out pages. For further information on our Gift Voucher please call 0845 643 2728.
Production and Delivery Time Scale >
We will being production of your canvas print as soon as funds are cleared. From the funds being cleared your canvas print will normally take 3 to 10 days to be delivered to the recipient. Although in many cases delivery time is substantially quicker. Please note that delivery times can vary. It is to be noted that the delivery times are a guide only and no specific date can be acknowledged by ourselves. Once the canvas print is given to a courier we cannot be held responsible for any delays in transit. We will do our up most to meet these times stated above but no guarantees are given.
Our Returns Policy >
We pledge to ensure your satisfaction and that you receive your purchase in the time stated and in perfect condition. If you are not satisfied please contact Wallcreate within 48 hours and return the purchase to us in the original packaging and we will be happy to offer a refund or exchange. If your purchase was damaged in transit you must contact Wallcreate within 24 hours and sign for as damaged. We want you to be delighted every time you shop with Wallcreate.com and that's why we offer a 14 day Return Policy. During this period you can return any items that you are unhappy with (having taken reasonable care of them) for a refund. As all our canvases are produced to order we charge a restocking fee of £2.97 per item.
Please call us on 0845 643 2728 or email us on info@wallcreate.com if you wish to return an item for any reason. We will then give you the appropriate details to return the item to us. Please note that you will be responsible for the costs of returning the goods to us unless we either delivered the item to you in error or the item is faulty. If you are returning goods then we strongly recommend that you use a recorded-delivery service for your protection and send it to the address below:-
Wallcreate.com Returns
Room 1, Roscoe Rooms, Roscoe Street, Scarborough, North Yorkshire YO12 7BY
Cancellations >
A Customer may cancel an order at any time prior to the Artwork and/or Product being dispatched - except where we have already framed or packed the Artwork and/or Product or started customisation. We must receive notice of an order cancellation within 7 days of the date of delivery of the goods. As soon as we receive your notice to cancel an order we will issue you with a refund if it has not yet been dispatched and the conditions above are met. If it has been dispatched, you will incur the cost of returning the Artwork and/or Product and your refund will be issued as soon as we receive it.
Our Service >
Please note that we may at any time modify or change these terms and conditions stated. These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English Law. In the event of a dispute arising in relation of these terms or in relation to the provision of any goods and services by us, the English Courts will have exclusive jurisdiction over such dispute.
Data Protection >
We are committed to the privacy and security of your personal information. We will ensure that all personal information supplied is held securely, in accordance with the data protection act 1998.
Termination >
We may terminate your order without notice at our sole discretion.
DEALINGS WITH DELIVERY COMPANIES >
Your correspondence or business dealings with delivery companies found on or through Wallcreate.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such delivery companies. You agree that Wallcreate.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such delivery companies on Wallcreate.com.
APPLICATIONS AND PURCHASING OBLIGATIONS >
In consideration of your use of Wallcreate.com, you agree to: (a) provide true, accurate, current and complete information about yourself or your artwork as prompted by the Wallcreate.com (Fine Art Editions) application form or Fine Art Editions enquiry from and (b) maintain and promptly update the information from such forms to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wallcreate.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wallcreate.com has the right to terminate your Fine Art Editions gallery page or purchase application and refuse any and all current or future use of Wallcreate.com (or any portion thereof).
CONTENT >
Wallcreate.com shall have the right (but not the obligation) to refuse to approve or remove any content that violates the TOS, is otherwise objectionable or which, in the view of Wallcreate.com in its sole discretion and judgment. You agree that you must evaluate, and bear all risks associated with; the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content by Wallcreate.com or submitted to Wallcreate.com. You acknowledge and agree that Wallcreate.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Wallcreate.com, its users and the public. You understand that the technical processing and transmission of Wallcreate.com including your content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Termination and Cancellation >
You agree that Wallcreate.com, in its sole discretion, may terminate your gallery page or artwork purchase application and remove and discard any Content within Wallcreate.com, for any reason, including, without limitation, for lack of use or if Wallcreate.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Wallcreate.com may also in its sole discretion and at any time discontinue providing Wallcreate.com, or any part thereof, with or without notice. In particular, and without prejudice to the foregoing, if art is uploaded or emailed by an artist seeking to sell art in their own right and/or on behalf of an artist other than on the terms of a professional relationship of gallery or dealer and artist, such art shall be liable to be removed without further notice and without reimbursement of the administration fees. You agree that any termination of your gallery page access under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Wallcreate.com may immediately delete your gallery page and content. Further, you agree that Wallcreate.com shall not be liable to you or any third-party for any termination of your gallery page. To cancel your gallery page, you are required to notify Wallcreate.com by email. Any other form of cancellation request may or may not be accepted or processed.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE >
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON WALLCREATE.COM >
Wallcreate.com does not claim ownership of Content you submit or make available for inclusion on Wallcreate.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Wallcreate.com, you grant Wallcreate.com the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Wallcreate.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Wallcreate.com and in any advertising or promotion undertaken by Wallcreate.com in any form. This license exists only for as long as you elect to continue to include such Content on Wallcreate.com and will terminate at the time you remove or Wallcreate.com removes such Content from Wallcreate.com. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of Wallcreate.com, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of Wallcreate.com are those areas that are intended by Wallcreate.com to be available to the general public.
INDEMNITY >
You agree to indemnify and hold Wallcreate.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Wallcreate.com, your use of Wallcreate.com, your connection to Wallcreate.com, your violation of the TOS, or your violation of any rights of another.
GENERAL PRACTICES REGARDING USE AND STORAGE >
You acknowledge that Wallcreate.com may establish general practices and limits concerning use of Wallcreate.com, including without limitation the maximum number of days that uploaded Content will be retained by Wallcreate.com, the maximum disk space that will be allotted on the Wallcreate.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Wallcreate.com in a given period of time. You agree that Wallcreate.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Wallcreate.com. You acknowledge that Wallcreate.com reserves the right to delete gallery pages that are inactive for an extended period of time. You further acknowledge that Wallcreate.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE >
Wallcreate.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Wallcreate.com (or any part thereof) with or without notice. You agree that Wallcreate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Wallcreate.com.
DISCLAIMER OF WARRANTIES >
you expressly understand and agree that:
1. Your use of Wallcreate.com is at your sole risk. Wallcreate.com is provided on an "as is" and "as available" basis. Wallcreate.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 2. Wallcreate.com makes no warranty that (i) Wallcreate.com will meet your requirements, (ii) Wallcreate.com will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Wallcreate.com will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Wallcreate.com will meet your expectations, and (v) any errors in the software will be corrected. 3. Any material downloaded or otherwise obtained through the use of Wallcreate.com is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 4. No advice or information, whether oral or written, obtained by you through or from Wallcreate.com shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY >
You expressly understand and agree that Wallcreate.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Wallcreate.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Wallcreate.com; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Wallcreate.com; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Wallcreate.com; or (v) any other matter relating to Wallcreate.com.
NOTICE >
Notices to you may be made via either email or telephone. Wallcreate.com may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on Wallcreate.com.
COPYRIGHTS >
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Wallcreate.com with the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notice of copyright or other intellectual property infringement can be sent to Wallcreate.com as follows:
Email: info@Wallcreate.com
Post: Wallcreate, Room 1, Roscoe Rooms, Roscoe Street, Scarborough, North Yorkshire YO12 7BY
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