TERMS & CONDITIONS

This page sets out the terms and conditions of use (the “Terms of Use”) on which this website www.joefentonart.com (the “Site”) is made available to you.  Please read this page carefully.  By accessing the Site you are agreeing to comply with and be bound by the Terms of Use.  Please note that the Terms of Use do not apply to any third party websites which are linked to by the Site.

Your promise to us
You promise that you will comply with the restrictions on your use of the Site as set out in these Terms of Use.

User conduct
You agree that in using the Site you will not:
• use the Site or any of its Content (as defined below) for any unlawful purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
• transfer files which contain viruses, trojans or other harmful programs or use the Site or any of its Content (as defined below) in any way that interrupts, damages, impairs or renders the Site less efficient; or
• use the Site for any purpose other than your personal or not-for-profit educational use.

Rights granted and rights reserved
All content available on the Site including, but not limited to, text, graphics, logos, button icons, images, audio and video clips, data compilations and software, and the compilation thereof (the “Content”) is the property of us, our affiliates, our partners or our licensors, and may be protected by United Kingdom and international copyright and other similar laws. Your use of the Site and the Content grants no rights to you in relation to our or any third party’s intellectual property rights in the Site and the Content.

We have endeavoured to trace all copyright holders and gain permission for use of the Content on this Site. We invite any information concerning copyright and if you consider that you are the copyright holder in respect of any Content on the Site and we have not obtained your permission please contact us at joefentonart@hotmail.com.

You may not copy, reproduce, republish, download, print, post, perform, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Site pages, any Content or the computer codes of elements comprising the Site. You may however view the Site and access its Content in an unaltered form (for the avoidance of doubt, alterations shall include stretching, compressing, colouring, cropping or altering in any other way so as to distort Content from its original proportions or format) for personal or not-for-profit educational use and make temporary downloads of its Content solely for the purpose and duration of viewing and (where applicable) listening to the Content, provided that you keep intact all copyright notices and otherwise acknowledge the copyright in such Content. We may withdraw this right on notice to you at any time.

Any use which is not permitted by these Terms of Use may only be undertaken with our prior express written consent.

JOE FENTON SHOP

Contract on the purchase of goods
These terms of sale apply to goods ordered from the Joe Fenton Shop (the “Shop”) at www.joefentonart.com.

These Terms should be read carefully by you before you place an order for goods from the Shop. If you do not accept these Terms you should not place an order. No contract exists between you and the Shop for the sale of any goods until the Shop has received and accepted your order and sends you confirmation by email to the email you have given. The Shop shall not be under any obligation to accept your order but once it has done so by sending you confirmation by writing or email there is a binding legal contract between you and the Shop. In the event of any change between completion of your order and contract formation, we will inform you and you will at that point have the right either to accept the change (in which case your email reply will represent a new offer, which we will accept upon notification of shipment) or reject the change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be). You must be sixteen (16) years of age or older to order from the Site and by accepting these Terms you are confirming to us that you no less than sixteen years of age.

Availability, Description, Specification, and Price of the Goods
All goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Shop will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

The description, specification and price of the goods you order will be as shown on the Site at the time you place your order. The price of the goods will be the price quoted on the Site at the date the order is received. All prices are quoted in United States Dollars and will, unless specified to the contrary on the Site, exclude packaging and delivery charges. Every effort will be made to ensure that prices shown on the Site are accurate at the time you place your order. If an error is found prior to dispatch of the goods, the Shop will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or canceling your order. If you cancel, the Shop will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. The price of the goods shown on the Site is inclusive of United States State Sales Tax, where applicable, but is exclusive of all other applicable sales and indirect taxes. Where the goods are supplied for export from the United States, you will be liable for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them.

Payment
Payment for the goods and delivery charges can be made by any credit card that is shown as acceptable on the Site at the time you place your order. All deliveries are subject to prior authorisation of your payment.

Delivery and Risk
The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by the Shop. All items ordered from the Shop shall be sent to you via the US Postal Service or another secure courier service. The Shop shall endeavour to send out unframed editions within the US and Canada within 14 days after receiving payment from you and outside the US and Canada within 60 days of receiving your payment or within such other period indicated at the time you place your order.

A SIGNATURE WILL BE REQUIRED ON DELIVERY ON ALL JOE FENTON SHOP MERCHANDISE. Receipt of a signature at the delivery address for any edition and/or merchandise ordered by you shall be proof that the order has been delivered to you. Every effort will be made to deliver the goods within the time periods specified above. If the Shop is unable to deliver the goods within 30 days of receiving your order, the Shop will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods. The Shop will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery. You will become the owner of the goods you will be ordered and responsible for risk of loss or damage to them once they have been delivered to you.

Your right of cancellation

If you are a consumer, you have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays in the United States and the United Kingdom. To exercise your right of cancellation, you must give written notice to the Shop by email, at the email address shown in the contact section of the terms, giving details of the goods ordered and (where appropriate) their delivery. If you exercise your right of cancellation after the goods have been delivered to you, you must return the goods to the Shop at your own cost, in unused and otherwise re-saleable condition. The goods must be returned to the Shop by registered post. The goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit. Once you have notified the Shop that you are canceling the contract, the Shop will refund or re-credit you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the goods. If you do not return the goods as required after exercising your right of cancellation, the Shop may charge you for the direct costs of recovering the goods.

Liability

The Shop shall not be responsible for any defect in the goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party. If the goods supplied to you are in any way defective or you have any other complaint about the goods, you should contact The Shop by email in accordance with the contact details in the below. The Shop will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by the Shop to supply the goods in accordance with the contract. The Shop shall not be held responsible for any delay or failure to comply with its obligations under these terms of sale if the delay or failure arises from any cause which is beyond the Shop’s reasonable control. This condition does not affect your statutory rights.

Data Protection

The Shop is firmly committed to respecting your privacy and will take all reasonable precautions to keep the details of your order and payment secure but unless the Shop is negligent the Shop will not be liable for unauthorised access to information supplied by you. The Shop will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to the Shop at the email address shown below. The Shop would like to notify you of similar products and offers that may be of interest to you from time to time. If you would not like to be notified, please email the Shop at the email address listed in the contact section. If at any time you wish to receive such information again, you can give notice to the Shop at the same email address, or in reply to any email from the Shop.

Intellectual Property

All copyright in the material contained on the Site and any trademarks and brands included in that material belong to Joe Fenton or its licensors. You may download or copy the content and other downloadable items displayed on the Site solely for personal non-commercial purposes for the purposes of placing an order. Copying or storing the contents of the Site for any other purpose is expressly prohibited. These terms are governed by English Law and subject to the jurisdiction of the English Courts.

Emails from us

Your use of any information or other content contained in emails received from us will be subject to these Terms of Use.

Privacy policy

Any information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy (details of which are available here: Privacy Policy). Our Privacy Policy does not apply to any third party websites.

Submissions

We welcome inquiries or feedback in relation to the Site and/or its Content. However, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding this policy, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.

Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you grant us a non-exclusive, royalty-free, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept, know-how or intellectual property rights contained in it, for any purpose.

If you make a Submission, you promise that you own or otherwise control the rights to your Submission. You further promise that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to compensate us in full for any third party claim which is related to any Submission you provide.

Disclaimer

The Site may contain Content which some users may find offensive, controversial or distasteful, and/or which is only suitable for adults. If you are a parent, it is your responsibility to ensure that the Site and/or its Content is suitable for your child to view. We recommend that under 18s are supervised when accessing the Site. You should not access Content on the Site if you think you may be offended by it.

Compensation

You agree to compensate us in full for any loss, damages or costs, including reasonable legal fees, which arise if you breach our or any third party’s intellectual property rights in connection with your use of the Site and/or any Content, or which result from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or from any other action you take that imposes an unreasonable burden or load on our infrastructure.

General

If you breach the Terms of Use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.

If we take legal action against you for any breach of the Terms of Use and a court makes an award in our favour, you will be responsible for all costs allowable by the courts. In addition, you agree to compensate us for any claim or legal proceedings brought against us by any other person as a result of your breach of the Terms of Use.

If any part of the Terms of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

These Terms of Use are not intended to give rights to anyone except you and us.

If you wish to take court proceedings against us in respect of our Terms of Use you must do so within the United Kingdom.

Changes to Terms of Use

We may make changes to these Terms of Use from time to time, in which case any changes will be published on this page. By continuing to use the Site, you shall be deemed to agree to be bound by those changes and revised terms. This page was last updated on 16 August 2015.

Contact email

If you have any queries about these Terms or any other aspect of our Site you can email us at joefentonart@hotmail.com.