TERMS & CONDITIONS
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Website Owner, The Offering & Binding of Terms
This website is owned and operated by ChamArt / Paul ‘Cham’ Cunningham. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors artwork by Paul ‘Cham’ Cunningham and by accessing or using the website, you approve that you have read, understood, and agree to be bound by these Terms. Please read these Terms of Service carefully before accessing or using our website. If you disagree with any part of these terms and conditions, please do not use our website. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The terms ‘Cham Art’, ‘Cham’, Paul ‘Cham’ Cunningham’, ‘Paul Cunningham’ or ‘me’, ‘my’, ‘us’ or ‘we’ refers to the owner of the website Paul Cunningham/Cham. Cham is a sole trader and is not VAT registered. The term ‘you’ refers to the user or viewer of this website.
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In order to use our website and/or receive our goods/services, you must be at least 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.
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You must not transmit any worms or viruses or any code of a destructive nature. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms will result in an immediate termination of your Services.
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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. You must pay us the full price of your order before we will send any part of it.
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General
We reserve the right to refuse service to anyone for any reason at any time.
The prices we charge for using our services / 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.
We are not responsible for any additional fees or any other charges you may incur in connection with your use of the service and/or purchase, for example but not limited to, taxes and possible transaction fees.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
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We are not responsible if information made available on this site is not accurate, complete or current. We have made every effort to display as accurately as possible the colours, dimensions and images of our products that appear in the shop. We cannot guarantee that your computer monitor's display of any colour will be accurate.
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We reserve the right to refuse any order placed with us. In the event, that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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By placing an order, you agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so we are able to complete your transactions and contact you as needed. Payment is made to us in accordance with the order process on our Website which outlines the methods of payment the Website accepts. Use of any payment card or method means that you are confirming all information contained within the order is true and accurate and that you are authorised to use the payment method. Users may be asked to provide additional information, such as clarification of personal details (for example a telephone number or address), to enable us to complete an order.
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Other than International Sales, Commissions or Made to Order, the price of the Artwork, includes any applicable VAT or taxes, is as displayed in GBP on the Website at the time of purchase. An additional charge will be made for anything other than standard delivery and for delivery outside Mainland UK and any International Sales and will be dependent on service, address, size and weight of the Artwork.
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All Commissions or Made to Order will be charged 50% deposit and the final balance must be paid before delivery. Cancellation of any Commission or Made to Order may incur a charge for any work completed up to and at the point of cancellation.
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For international sales, you are solely responsible for complying with any import laws, requirements and restrictions which may apply to the country where the delivery is required. In addition, you will be solely and fully responsibility for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs and insurance which may be incurred. Additional shipment time may be required.
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Currency exchange rates and charges are your responsibility, so we recommend you check this with your own payment provider, before placing your order.
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You are responsible for ensuring any artwork is hung correctly and securely to avoid damage, for example but not limited to, the artwork, frame, walls, textiles or furniture. In addition, you should also ensure the artwork is positioned to avoid further damage, for example but not limited to, not hanging above radiators, other heat sources, in direct sunlight, etc.
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Delivery, Return & Refund Policy
You are responsible for ensuring delivery information is correct and for arranging to take delivery of Artwork. All orders are delivered in protective packaging and are insured up to the point of delivery. Upon delivery they become the responsibility of, you, as the purchaser. Cham Art does not accept any liability whatsoever for delayed delivery caused by any third party incidents. If you have not made arrangements to take delivery and we have attempted to deliver the parcel, then you are responsible for any additional delivery charges incurred. Delivery of Artwork will usually require a signature on receipt (usually by someone aged 18 or over). Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received.
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When you receive your parcel, it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage or a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please email us. You should send us photos of the damages.
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Unframed Paper prints will be delivered rolled in a card tube. Upmost care must be taken when removing paper prints from tube. We will not be held responsible for damaged caused to print on removal from tube.
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Delivery to a UK mainland address is free of charge. Delivery to any other destination will incur a delivery charge, payable by you, as the purchaser. Multiple pieces of artwork may be dispatched individually.
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We do not accept returns. If your artwork or print arrives damaged, please contact us within 24 hours of delivery and we will be happy to arrange a refund if a replacement cannot be organised. You must return the damaged goods together with any damaged packaging.
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Retention of right to change offering
We may, without prior notice, change the products, product pricing or description, at the sole discretion of us; 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. We reserve the right to discontinue any product, at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service or product will be corrected.
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 Paul Cunningham and/or Cham Art. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, download, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. You may not store electronically any significant portion of any content/material.
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Right to suspend or cancel user account
These Terms of Service are effective unless and until terminated by either you or us. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services and/or products or any part thereof.
Indemnification
You agree to indemnify and hold Paul Cunningham/ChamArt/Cham (including officers, directors, agents, contractors, service providers, suppliers, employees) harmless from any demands, loss, liability, claims or expenses (including attorneys’ 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, Disclaimer of Warranty
To the maximum extent permitted by applicable law, in no event shall ChamArt/Paul Cunningham/Cham 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, ChamArt/Paul Cunningham/Cham 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.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without any notice to you. You agree that your use of, or inability to use, the service is at your sole risk.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. 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.
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Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information within the website is inaccurate at any time, without any prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the website, including without limitation, pricing information, except as required by law.
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Promotional emails and content
You agree to receive occasionally, 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 do not want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and 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.
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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 English laws, 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 England. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
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Personal Information
Submitting personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for further information.
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Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
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Force Majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
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