1. Acceptance of Terms:

Welcome to the ArtyPax online store. Please read the following terms and conditions carefully before using the website. By using this website or any sub site accessible on this website, the user (you, the customer), accepts without limitation or qualification the terms and conditions set out below and any additional terms and conditions set out in any sub site. By continuing to browse this website, you are agreeing to comply with and be bound by the following terms of use, which together with our Privacy Policy and our Delivery & Returns Policy govern ArtyPax relationship with you in relation to this website and communications here after. It is subject to change without notice. If you do not agree to these terms and conditions you should exit the website.

The term ‘ArtyPax’ or ‘us’ or ‘we’ refers to the owner of the website – ArtyPax. The terms ‘you’ or ‘the customer’ refers to the user or viewer of our website.
 
2. Usage and Copyright:

2.1       You will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content/material on the website or social media channels may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and printing of painting guides from the website for personal, non-commercial, home offline use only. 

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2.2       All written & video content, images, designs, photographs, copyrights, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to, or used with permission by ArtyPax or otherwise used by ArtyPax as permitted by law. All rights reserved.

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2.3     Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

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2.4    This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

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3. Changes to the website:

ArtyPax reserves the right to:

3.1 change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that ArtyPax shall not be liable to you for any such change or removal, and

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3.2 change these terms and conditions at any time and your continued use of the website following any changes shall be deemed to be your acceptance of such changes.

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4. Third Party websites:

This website may include links to third party websites that are controlled and managed by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such site. External links are provided for your own benefit and convenience to provide further information. We have no responsibility for the content of these external websites. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

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5. Liability:

5.1       The total liability of ArtyPax for any claim, howsoever arising, is strictly limited to and shall not exceed the price of the goods supplied by us to the customer. 

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5.2       We are not responsible for indirect losses which occur as a side effect of the main loss or damage, or for any losses that falls into the following categories: loss of income or revenue, loss of business, loss of profits or contracts, loss of data or waste of management or office time, loss of goodwill, disappointments or emotional distress and/or for any other loss or damage which was not reasonably foreseeable by us at the date the product was bought, however arising, and whether caused by tort (including, but not limited to, negligence), breach of contract otherwise, even if foreseeable. We are also not responsible for any damage caused to rooms (i.e. flooring, furniture, textiles etc.) or any form of clothing as a result of not coving surfaces and yourself whilst using our products.

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5.3    Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

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5.4    These terms and conditions do not affect your statutory rights as a consumer.

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5.5    We endeavour to keep the website up-to-date, but retain the right to update product information without notice.

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6. Events outside our control:

Subject to applicable law, we shall have no liability to you if we are prevented from, or are delayed in performing our obligations under any contract or from carrying on our business acts, events, omissions or accidents beyond our reasonable control, including (but not limited to) strikes, lock outs, or other industrial disputes (whether involving our employees or any other party) failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, or default of suppliers or sub-contractors ("events outside our control").

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7. Disclaimer:

ArtyPax makes no warranty that the functionality of the website will be uninterrupted or error free that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

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8. Indemnity:

You agree to indemnify and hold ArtyPax and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against ArtyPax arising out of any breach by you of these terms and conditions or other liabilities arising out of your use of this website.

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9. Products:

9.1       All products shown on the website are subject to availability. If we are unable to supply you with a product for any reason, including for example because that product is not in stock or no longer available or because of an error in the price on the website we will inform you of this by email and we will not process your order.

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9.2       The images of the products on the website are for illustrative purposes only. Although we have made every effort to display colours accurately we cannot guarantee that your computers display of colours accurately reflect the colours of the products. Your products may vary slightly from those images. Where products are of a selection or theme, you will receive a random selection from this theme to complete your order. You may, as a result, receive duplicates, although we do try to give as varied a selection as we can, based on the availability of stock within a theme. All possible care has been taken to ensure that every item shown on the website is accurately described. All sizes quoted on the website are approximate. ArtyPax reserves the right to offer an alternative free gift in the event that the advertised item is no longer available.

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9.3    Prices show are for the products only and are displayed in GBP. The total purchase price, to include delivery charges, will be displayed in the customer’s shopping bag prior to confirming the order. Payment of the price must be made in full before the dispatch of goods.

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9.4    Goods supplied to customers from outside mainland UK will have provided to them a separate price estimate to include delivery, as part of the order acceptance process. Customers from outside the UK will be responsible for obtaining any relevant import licence and for payment of any import charges and customs duties. 

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9.5    We warrant that the Goods will at the time of dispatch correspond to the description given by the Us. All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the customer is satisfied as to the suitability of the Goods for the customer’s purpose.

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9.6    If, by mistake, we have under-priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our returns & refunds policy.

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9.7    You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

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9.8     Commissions will be completed including any specifications added by you at time of order. Any areas not specified will be completed using artistic interpretation. If any specifications you have made are unavailable for whatever reason you will be contacted & an alternative suggested. As commissions are personalised pieces they are not eligible for returns. If you have asked for a specific piece which was not listed on the website, you may be charged a one off production fee. This fee will be shown on your invoice for the item before you provide payment.

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10. Delivery:

10.1    All delivery times quoted are intended as a guide only. Whilst we take reasonable steps to ensure that estimated delivery times are met, we will not accept liability or responsibility for delays caused by events beyond our control, whether from carriers or suppliers.

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10.2    Unless otherwise required we may hold any order(s) where all item(s) are out of stock until all item(s) on that order(s) are available.

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10.3    ArtyPax reserves the right not to deliver orders if we believe the address is not secure e.g. to a communal postal address or P.O. Box.

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10.4    Item(s) ordered may be dispatched in more than one parcel and consequently may not arrive together.

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10.5    Free delivery offers may be removed and/or altered at any time without notice.

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10.6    ArtyPax reserves the right to (i) cancel the free delivery offer, (ii) refuse to allow any individual to participate in the free delivery offer and (iii) amend these terms and conditions.

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10.7    Free delivery offers only apply to customers who meet the stated offer criteria and who have a UK mainland delivery address.

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10.8    International European delivery may incur import charges and fees from the destination country. These fees and charges are the responsibility of and are to be met by the customer. ArtyPax has no liability regarding these costs.

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10.9   All prices and payments are shown and taken in GBP. It is the responsibility of the customer to use a reliable currency convertor to know what their cart total is in their own currency before proceeding with completing checkout and payment being processed.

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10.10    We will deliver the goods to the address you specify for delivery on your order. Please make sure this address is accurate, and that you are careful to select the appropriate address for shipping and billing. We cannot accept any liability for loss or damage to the goods once they have been delivered in accordance with your delivery instructions.

11. Payments & Refunds:

11.1  ArtyPax uses Wix Payments, Apple Pay and PayPal (‘payment processor’) to collect and process payments for orders. In accordance with distance selling laws refunds will be processed for orders if contact is made by the customer within 14 days of the original purchase date and all items of the original order are returned in an unused, re-saleable condition and with all original packaging, where possible (Cancelled orders can be made within 24 hours from time of ordering, quoting the order number). The refund amount, consisting of the original product price paid only (cost of original postage will not be refunded) will then be processed within 30 days of our receipt of the items (in the above stated condition). Return postage is to be paid by the customer and proof of postage is recommended. Where returned Goods are found to be damaged through no fault of the seller, the customer will be liable for the cost of the goods and delivery.

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11.2   Any orders placed by a customer in error will be refunded, if a cancellation request is emailed within 24 hours from the time of completing the order, quoting your order number, minus any non-refundable fees applied to the original order value by the applicable payment processor. If an order is cancelled and the goods have not been dispatched a full refund for goods and delivery charges will be made, minus and non-refundable fees applied to the original order value by the applicable payment processor. If an order is cancelled and the goods are already in transit, the customer will be responsible for any carriage charges incurred.

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11.3   If an item arrives damaged contact must be made by the customer within 28 days. A refund processed or a replacement arranged. If a replacement is issued and there are any further exchanges on the same order the postage cost will be charged again. Please note we are unable to replace any items damaged in transit to an oversees address.
Title and risk in the goods shall pass to the customer upon delivery of the goods.
The customer shall inspect the goods immediately upon receipt and shall notify the seller (ArtyPax) via email within 5 working days of delivery, if the goods are damaged or do not comply with the order. If the customer fails to do so the customer shall be deemed to have accepted the goods. 

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11.4   Refunds can only be made to the original purchaser. Refunds cannot be made on any commissioned or personalised item(s). Please refer to our refund policy for more information.

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11.5    ArtyPax cannot accept responsibility for non-clearing of payments on orders. If payment is not cleared, your order will not be processed.

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12. Offers & Promotions:
12.1    Offers can only be redeemed once and not in conjunction with any other offer. Discounts apply to the value of the goods only. Not redeemable against: previous orders, gift wrap, international delivery or sale items.

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12.2    All offers are subject to availability. Sale items are limited stock and are processed on a first come, first serve basis once checkout is completed and cleared payment has been received.

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12.3    Offers are not transferable or for publication online or offline. Offer end dates apply.

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12.4    All offers exclude delivery charges. This applies to both the minimum spend threshold and the application of the overall discount. The exception is free P&P (excluding Next Day Delivery).

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12.5    Offers are at the sole discretion of ArtyPax and are subject to variation or withdrawal without notice.

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12.6    Free delivery offers are redeemable against UK mainland delivery. Free delivery does not apply to international delivery, 1st class or next day delivery options or sale only orders.

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13. Privacy:

ArtyPax recommends that you read our Privacy Policy for more information on how we use and protect the data you provide us with. ArtyPax only collects data required for processing and completing orders and transactions. 
The websites shopping bag uses cookies to track the contents of your bag. We do not record or store any other information from your device.
All credit/debit card transactions are processed by Wix Payments and are subject to the Wix Payments privacy policy. All Apple Pay and PayPal transactions are subject to their own respective privacy policies, on their own respective websites. 
ArtyPax will not knowingly do anything or permit anything to be done which might lead to a breach by any party of the Data Protection Laws. ArtyPax will implement and maintain all appropriate security measures in relation to the processing of personal data. Any correspondence from ArtyPax (Such as newsletters, new products and offers) will only be sent with your consent via an 'opt in' newsletter form. You can remove yourself from this mailing list at any time by contacting us. 

 

14. Members:

14.1     The ArtyPax website gives visitors & customers the option to become a member of the website to enable a faster shopping experience & access to order history & payment preferences. This is a free service.

 

14.2      By becoming a member of the website you are bound by a code of conduct. This code of conduct will not tolerate any form of hate (either towards ArtyPax staff or other customers), any forms of fraud or any form of misuse of the website & its contents, as outlined in the terms & conditions & privacy policy. If you are found to be in breach of this code of conduct, depending on severity, you will either be given a warning via email. If you ignore this email & continue to be in breach of the code of conduct, or your breach is more severe, ArtyPax reserves the right to remove you as a member & close your account without any notice.

 

14.3     Benefits & exclusives offered to members can be added to or removed at any time without notice. Any content accessed via the member areas are for personal use only & may not be reproduced or sold.