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Welcome to the user agreement for Ian Gill Sculpture.
In return for allowing you access to this website, we impose and require you to accept the terms and conditions of use set out in this notice. If you are not prepared to agree to these terms then you must immediately leave this website and you may not use or access our services.
You may browse our website without registering but will need to become an online customer with us in order to purchase any goods via our website.
When you become an online customer, your username will be your valid email address and you will be asked to enter a password.
You are responsible for all actions taken under that username, whether by you or any other person. It is your responsibility to keep your username and password safe. You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorized use of your username or password.
You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information.
You can e-mail any changes in your details to the Editor or online once logged in, via the ‘my account’ section.
Descriptions and Product Information
All products displayed on this website are available only whilst stocks last. Every effort has been made to reflect product colours as accurately as possible. However, due to differences in monitor display and resolution, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product.
All drawings, photos, descriptive matter, specifications and advertising issued on this website are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.
The prices displayed on this site are quoted in UK pounds sterling, and are only valid and effective in the UK. Payments can only be made in UK pounds sterling. The prices include VAT at 20% (UK tax) and are subject to change if the applicable rate of VAT changes before your order is accepted.
Prices are quoted exclusive of postage and packing, which will be charged at the rates specified in the delivery section below.
Where there is a delay or likelihood of delay in the supply of products, we will advise you as soon as possible. If the products cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
Any orders you place with us will not be accepted and no contract will be formed between us until you have been instructed that said goods are available and these goods have been paid for and all applicable charges in full. No payment shall be deemed to have been received until we have received payment in cleared funds.
We will confirm our acceptance of your order on receipt of cleared funds by email (where a valid email address is provided).
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
Any damage on an item received from us, must be phoned/emailed to us within 2 days of receiving, for a claim to be made.
You may cancel a stock able item that has been ordered with us up to three working days prior to dispatch.
If your order has already been dispatched, please follow the returns procedure and we will grant you a full refund.
However if it has been commissioned and the order from has been signed and returned back to us then your deposit is non refundable.
You can return an item to us that you are not satisfied with provided it is in a saleable condition. Items must be returned in the original packaging within seven working days of receipt of the goods. We will issue a full refund less any Ian Gill Sculpture discount that was applied to the item. Postage and packaging charges are not refundable. This does not affect your statutory rights
We will refund the original credit card charged only. (Please note that refunds may not show up on your bank statement immediately).
You acknowledge that you are responsible for all communications sent via or to this website and agree your use of this website for private, proper and lawful purposes only.
You will not carry out any act or omission or procure any act or omission which would:
Damage, delay, interrupt or impair the use of this website or its software;
Cause any illegal, offensive, defamatory material to be placed on or associated with this website;
Be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; or
Cause any inconvenience to Ian Gill Sculpture, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and ‘spam’).
In the event that you breach any of these conditions, you will indemnify and keep indemnified Ian Gill Sculpture, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.
Limitation of Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.
However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.
We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.
Any copyright or other intellectual property in these web pages is owned by, or licensed to us. It is absolutely prohibited for you to reproduce all or any part of the contents of this website except in accordance with this agreement.
The following acts are forbidden under the limited license granted to you:
You may not incorporate any part of this website into any other work or publication, including incorporation into an electronic work without our prior written consent.
You may not frame this website within any website controlled by you.
Termination and Suspension
We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:
You are in breach of any part of this agreement.
We cannot, for any reason, verify or authenticate any information you provide to us.
We believe that your actions may cause legal liability for us, you, or any other user.
Any notice, which we are required to give to you regarding the services, may be sent by e-mail or first class-post to the address provided by you on registration (or as amended from time to time).
Notices sent by e-mail are deemed to be received 24 hours after an e-mail is sent unless we receive a failure notice that the e-mail address is invalid is received. Registered mail and first class-post will be deemed received 3 days following the date of mailing.
This agreement sets forth the entire understanding and agreement between us.
We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting.
Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
You cannot assign this agreement but we may assign it at our sole discretion.
Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches.
Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services.
We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal.