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Terms and Conditions
Definitions
In this agreement:
"Carrier" means any person or business contracted by us to carry Goods from us to you.
"Our Web Site" means the entire computing hardware and software installation that is or supports Our Web Site.
"Goods" means any of the Goods we offer for sale on Our Web Site.
"Content" means information in any form published on our website by us or any third party with our consent.
Our contract with you
The contract between Alacadoo Ltd and yourself will be made when Alacadoo Ltd accepts your order by sending you an e-mail confirmation. This will also confirm details of your purchase and to tell you when your order will be dispatched.
These terms and conditions may vary from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
Where Goods are not in stock, canvases are handcrafted to order. All descriptions, colours and sizes of the canvases are as indicated on our web site although some very minor variations may occur during the painting of each canvas. Accordingly, any such description shall not form part of this Agreement.
If for any reason we are unable to offer you the canvas you have ordered, we will offer you the option to choose an alternative before we despatch your order. If this happens you may:
- choose an alternative;
- or cancel your order;
- or leave the order valid (where you have ordered more than one canvas), but tell us to omit the item that cannot be supplied.
Please note Goods are sent at your risk from the moment they are picked up by the Carrier from our premises.
Product Descriptions
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund or credit.
Price and Payment
All Goods must be paid for in full before the order is dispatched.
Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling (GBP) will be borne by you.
Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
Notwithstanding the product prices shown on the website, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items shown on the website may be mispriced as a result of price changes that are implemented at or about the time of your visit to the website. However, we do not charge your credit card until after your order has entered the shipping process. If an item’s correct price is higher than our stated price, your sole recourse is cancellation of your order.
Information you give us
In order to supply the Goods you agree to provide, and will continue to provide accurate, up to date, and complete information about yourself.
Delivery Costs
Please note your card account will not be debited until your order is ready to be dispatched.
Please note Alacadoo Ltd is partnered with Physio Logic Ltd and displays canvases within the Physio Logic premises. Where payment is made by credit card, your card statement will automatically show Physio Logic Ltd within the payment summary.
- UK Mainland - Flat Rate of £20.00 per painting
- Ireland - Flat Rate of £25.00 per painting
- Outside UK within EU - Flat Rate of £30.00 per painting
- For countries outside the EU please contact Alacadoo Ltd for delivery charges.
- If paintings are in stock we will endeavour to post your order within 3 working days following receipt of your order other than orders placed on a Friday where the delivery will be the following Monday.
- Where items are not available from stock please note we anticipate delivery time to be 2-3 weeks as paintings are handcrafted to order. We cannot be held liable for any delay should the artists take longer in the production of the paintings.
- Where orders are of more than 10 canvases please note that delivery time will be up to 28 days to allow for manufacture.
All postage will require a signature on delivery. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to advise you of this and arrange another date for delivery.
The order processing time will vary depending on the combination of goods you order. In order to maintain competitive carrier rates, we will deliver all similar goods in one shipment. In the event that any goods are temporarily out of stock or on backorder, we may hold the rest of your canvases until the item is restocked. As soon as it arrives in our premises, we will deliver your entire order to you in one shipment.
Taxes, duties and import restrictions
For Goods ordered outside the United Kingdom: We have no knowledge of and no responsibility for, the laws in your country of residence. You are therefore responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
Returns
If you are not completely satisfied with your purchase, under the Consumer Protection (Distance Selling) Regulations 2000, the consumer has the right by law to a 7 day 'cooling-off period' during which you can change your mind about buying once you have seen the goods. In practice this means that you have 7 days after receipt of the goods to return them at your own expense, within 30 days, and get a full refund of the cost of the goods. You must notify the seller within 7 days of receipt in writing, by letter, or email (telephone is not accepted) of your intention to return goods and they must be returned in good saleable condition.
Faulty or Damaged Goods, Delivery Delays and Supply Errors
In the event of any goods supplied being faulty or arriving in a damaged condition, or errors in processing orders, or delays in delivery, please email us. All complaints will be dealt with immediately and any remedial action taken will be fully explained by email on the same day if possible.
Faulty or damaged goods will be replaced or a refund made (including the cost of any return postage), at our discretion. In the event of the wrong goods being supplied in error, we will refund the cost of returning them to us. In such cases, please contact us by email before returning goods, as we may be able to arrange collection.
This does not affect your statutory rights as a consumer.
Return Instructions
*You must tell us you wish to cancel within 7 days of your receipt of the Goods;
NB In any event, you may not cancel orders for specially commissioned or personalised goods (this particularly relates to canvas art pictures created with an image you have provided us with or where you have asked us to alter a picture, advertised on the website, to suit your specific requirements;
Prior to returning Goods to Alacadoo Ltd, authorisation must be received from customer services. To request authorisation please send an e-mail within 7 days of receipt of Goods to: mail @ alacadoo-art.com and include:
- Your name and surname
- Your order number
- A short description of the item you wish to return
- Please include the reason for return
- Please specify whether you require a replacement or refund
- Wait for our Customer Service team to e-mail you with your Return Authorisation & Instructions.
Once we have received your returned Goods, we will notify you via e-mail of your refund. You can expect a refund in the same form of payment originally used for purchase within 14 business days of our receiving your return. To return your Goods please pack them in the original packaging. Be sure to specify the reason for the return, and what action you would like us to take: Replacement or Refund. If your return is due to our error, we will reimburse the shipping costs with your refund.
The Goods must be returned to us within 30 days of your telling us* you wish to cancel:
- with both goods and all packaging in their original condition;
- securely wrapped/packaged;
- including any delivery slip provided by us (where applicable);
- at your risk and cost.
If you do not return the Goods to us, you are still liable to us for the cost.
We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
Tracking your Return Shipment:
When you ship your return order, the carrier will give you an order tracking number if a tracking service is available. We use multiple carriers and services to ship our products. We will confirm with you by email the carrier we use. Should you have any questions regarding your shipment, please contact the carrier for assistance, details of which will be included in your email confirmation of delivery.
Disclaimers
We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors.
We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Goods for your purpose.
- the truth of any information given on Our Web Site;
- any implied warranty or condition as to merchantability or fitness of the Goods and Services for a particular purpose;
- compatibility of Our Web Site with your equipment software or telecommunications connection.
- compliance with any law;
- non-infringement of any right.
Our Web Site may contain links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
Content and Intellectual Property Rights
Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement. You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
- image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
- use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
- use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
- engage in any activity that interferes with the website or another user’s ability to use the website;
- modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or reproduce, duplicate, copy, sell or otherwise exploit the website or any product
- assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
System Security
You agree that you will not and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Examples of violations are:
- accessing data unlawfully or without consent;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- taking any action in order to obtain Goods to which you are not entitled.
- You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
- any violation of system security as set out above;
- your use of Our Web Site;
- any other breach or violation of this agreement by you;
- the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
Rights of third parties
Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
Modification & Severability
We reserve the right to make changes to our website, our policies, our Terms of Use and these Terms of Sale at any time and in our sole discretion. Therefore, you should review our policies, terms and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations.
Privacy Policy
Your privacy is extremely important to you. Our Privacy Policy informs you of the information that we collect from you, how we collect it, and what we do with it. By using this website you are accepting the practices described in this Privacy Policy.
How and when we collect information
In order to supply you with Goods we collect "personal" information from you when you provide it to us. We will collect your name, mailing address, telephone number, credit card number and email address.
What we do with your information
Under no circumstances do we rent, trade or share your address or e-mail address with any other company for their marketing purposes without your consent. We use your personal information for internal purposes such as processing and keeping you informed of your order. The personal information that you give us when you place an order is used to process and fulfill your order. We also use your personal information for our own internal purposes, such as providing customer support or providing, maintaining, evaluating and improving our products and services.
We partner with one or more credit card processing companies to assist us in processing your payment. However, those companies do not retain, share, store, or use personally identifiable information for any secondary purposes.
We may disclose the personal and non-personal information of our customers to any successor-in-interest of ours, such as a company that acquires our business. We may need to disclose your personal information when required by law or when we have a good-faith belief that such action is necessary to comply with a judicial proceeding, a court order or legal process.
Links to other websites
Our website may contain links to web sites operated by other companies. We are not responsible for the privacy practices of such other web sites. We encourage our users to be aware when they leave our site and to read the privacy statements of such other websites. This privacy statement applies solely to information collected by our website.
IP address and cookies
We also collect "non-personal" information from you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP address. "Non-personal" information cannot be easily used to personally identify you. We may use your non-personal information to help diagnose problems with our server and to administer our website. Your non-personal information may also be used to gather broad demographic information and to recognize customer traffic patterns and website usage. This information aids us in merchandising and in developing the design and layout of the website.
In addition, like almost all e-commerce web sites, we use "cookies." Cookies are pieces of information that are stored on your computer by your web browser. Although our cookies don't store any of your personal information, they do allow us to do things like keep items in your shopping cart between visits or during the same visit or provide you with a more personalized user experience. Whether you want your web browser to accept cookies or not is up to you. If you haven't changed your computer's settings, most likely your browser already accepts cookies.
How we protect your information
The security of your personal information is very important to us. When you enter sensitive information such as a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). For purchases made online with credit cards, we store your credit card number in encrypted form for a limited amount of time, and our employees do not have access to this information. We do not store PIN data or 3-digit security codes.
We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access or disclosure, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.
Children's Privacy
The Services are intended for users ages 18 and older. Accordingly, we will not knowingly collect or use any
personal information from persons that we know to be under the age of 18. In addition, we will delete any information in our database that we know originates from a child under the age of 18.
Updating your personal information
If your personal information changes, you may correct, update or remove personal information previously provided to us by contacting our customer service department at mail @ alacadoo-art.com
Changes to our Privacy Policy
If we change our Privacy Policy, we will post a new version on our Website, which will become effective when posted. The new policy will apply to all current and past users of the Website and will replace any prior policies that are inconsistent with it.
If you ever have any questions regarding our privacy policy please contact us at mail @ alacadoo-art.com
Privacy Policy Effective Date: 1st September 2010.