Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. In these terms of sale, “we” means Association of Illustrators Ltd (trading as Association of Illustrators) (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be taken to the payment page where you will enter your payment details – you will receive an emailed receipt from Global Iris to confirm payment (v) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order. You may correct those input errors before placing your order by updating the quantities or delivery information. We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The only language in which we provide these terms of sale is English.
Each Product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
Prices for products are quoted on our website. It is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). We only accept pounds sterling. (UK£) Payment for all products must be made by credit or debit card. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; (b) the information provided in your order is accurate and complete; and (c) you will be able to accept delivery of the products.
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of: (a) delivery of the products; and (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges). Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee. We will be entitled to recover payment for the products even where ownership has not passed to you.
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
In this Section and the next Section below, “force majeure event” means: (a) any event which is beyond our reasonable control; (b) the unavailability of raw materials, components or products; and/or (c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars. Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event. If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith. We will take reasonable steps to mitigate the effects of the any force majeure event.
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale. The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. We will not be liable to you in respect of any losses arising out of a force majeure event. We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage. Our aggregate liability to you under the terms of sale will not exceed the greater of the total amount paid or payable by you to us under the terms of sale.
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract. Upon the cancellation of a contract in accordance with the above: (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; (b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and (c) all the other provisions of these terms of sale will cease to have effect, except that Sections10 (Limitations and exclusions of liability), 12 (Scope of these terms of sale), 13 (General terms)] will survive termination and have effect indefinitely.
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale. Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract. Subject to the first paragraph of Limitations and Exclusions of Liability (above): these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website. These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Our full name is Association of Illustrators Our registered office and trading address is: Somerset House, Strand, London, WC2R 1LA Our company registration number is 1237440 Our VAT number is 393 872701 Our email address is: [email protected]
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