Terms and conditions
Kath & Company Ltd (trading as Art at Home)
Customer Terms and Conditions
1. ABOUT US
1.1 Art at Home is a trading name of Kath & Company Ltd, registered in England and Wales under company number 12201264 and with our registered office address at:
Causeway House, 1 Dane Street, Bishop’s Stortford, Hertfordshire CM23 3BT
2. USER ACCEPTANCE OF CUSTOMER TERMS AND CONDITION (“T&Cs”)
2.2 Before you may use the Site, you must read and accept all the T&Cs. As you read this Agreement, you should also access and read the linked information. You are only authorised to use the Website if you agree to abide by all applicable laws and these T&Cs. If you do not agree to these T&Cs, please do not use the Site.
2.3 The Site may contain links to third party websites that are not owned or controlled by Kath & Company Ltd over and for which the latter has no control, and assumes no responsibility, the content, privacy policies, or practices. By using the Site, you specifically release Kath & Company Ltd from any and all liability arising from your use of any third-party website.
2.4 Right to Vary T&Cs: We may update any aspect of these T&Cs (and the documents referred to in them) from time to time and will notify such changes to you by uploading details of them on the Site. You should review the T&Cs periodically for changes. These changes may include but are not limited to: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.
2.5 Every time you order artworks (“Items”) from www.newartathome.co.uk, the T&Cs in force at that time will apply to the order. We will provide a copy of the current T&Cs with the Order Confirmation. If you do not agree to these T&Cs then please do not use the Site. We reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
2.6 If any provision of these T&Cs is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&Cs, which shall remain in full force and effect. No waiver of any term of this these T&Cs shall be deemed a further or continuing waiver of any other term, and Kath & Company Ltd’s failure to assert any right or provision under these T&Cs shall not constitute a waiver of such right or provision.
3. ORDERS, SPECIFICATIONS and Availability
3.1 The images of the art for sale on our Site are for illustrative purposes only. Although we have made every effort to display texture, shape and colours accurately, we cannot guarantee that your computer/phone/tablet or other digital display will accurately reflect the artworks.
3.2 You may only purchase Items from our Site if you are at least 18 years old.
3.3 All Goods are offered for sale subject to availability and acceptance of the Order by Kath & Company Ltd and the Artists.
3.4 Kath & Company Ltd and the Artists reserve the right to reject any Order without the obligation to give any reason for so doing. No Order shall be deemed accepted unless and until it is confirmed unconditionally in the Order Confirmation.
3.5 Placing an Order: It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
3.6 All Items shown on our Site are subject to availability. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. If the item is no longer available you will be informed by email and your order will not be processed, and your bank details will not be retained. If your item is no longer available after payment has been taken you will be refunded using the credit or debit card you used to pay for the item.
4. PRICE, PAYMENT AND CURRENCIES
4.1 You undertake that all details provided to Kath & Company Ltd for the purpose of the Order and its delivery will be correct and that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the Items ordered.
4.2 The prices of the Items (which include VAT where applicable) will be the Price as quoted on our Site. We take all reasonable care to ensure that the price of the item advised to you is correct.
Prices may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
4.3 Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Kath & Company Ltd. Unless otherwise agreed by Kath & Company Ltd, any discounts or promotions are not cumulative, and no more than one discount or promotion shall be used on the same Order.
4.4 The price of an item does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
4.5 Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing: we (i) in the event that your order has not yet been processed, do not have to provide the item to you at the incorrect (lower) price; or (ii) in the event that your order has been processed, may end the contract, refund you any sums you have paid and require the return of the item provided to you.
4.6 Payment: Your payment details will be required to pre-authorise payment but payment will not be taken until availability of your order has been confirmed.
4.7 Confirmation will take place within 7 days. When you receive our Order Confirmation a binding contract will be formed between you and us for the purchase of the artwork and your payment will then be processed. You will receive a dispatch confirmation when the item has successfully been shipped.
5.1 The place for delivery of the Items will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier at the discretion of Kath & Company Ltd and the Artists.
5.2 Any dates quoted for delivery of the Items are indicative only. Kath & Company Ltd will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Items howsoever caused.
5.3 You must inspect the Items on delivery and, in the case where Items have been delivered by courier, follow the acceptance procedures required by the delivery company to provide proof of delivery. This will constitute conclusive evidence against you of receipt of the quantity of Items indicated on that document free from any apparent defect or damage. If the Items are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing to Kath & Company Ltd. If you wrongfully fail to take delivery of the Items, Kath & Company Ltd shall be under no obligation to refund the Price.
6. RETURNS, REFUNDS AND EXCHANGES
6.1 You shall have the right to return a purchase within fourteen days of Receipt for an exchange or refund at your preference if the item is Defective or for any other reason provided you do the following:
(i) Email email@example.com within 14 days of Receipt stating: (a) Your Invoice Number (b) Artwork title (c) Reason for return and (d) Request for exchange or refund
(ii) Return the Item to Kath & Company Ltd in the condition they arrived in, via the instructions that Kath & Company Ltd send in response to your email. (iii) Items must be returned in their original packaging (which you should retain for the purpose) and must be in an unused condition.
6.2 Kath & Company Ltd will not be held liable for any damage to any Items caused anytime after Receipt of the Order. Kath & Company Ltd will not be able to accept any returns of Items that have been damaged after Receipt.
6.3 You have a legal obligation to keep the Items in your possession and to take reasonable care of the Items while in their possession. If the value of the item is diminished as a result of your handling of the item beyond what is necessary to establish the nature, characteristics and functioning of the item, we may, on behalf of the Artist, recover that amount from you up to the value of the item, by either: a. deducting that amount from the refund due to you; or b. otherwise requiring you to reimburse this amount.
6.4 You do not have the right to change your mind and cancel the Contract where an item has been commissioned and made to your specifications and is clearly personalised.
6.5 Kath & Company Ltd will process and refund/exchange all returns within 30 days of receiving returned Items from you in the post or via our chosen common carrier. For Items shipped to a different country from the origin country for such Items, Kath & Company Ltd may offer only a partial refund subject to shipping (both outbound and return) and handling costs.
7.1 You may request to cancel an Order within 24 hours of placing the Order by emailing firstname.lastname@example.org. Kath&Company Ltd will, at our discretion (pending shipping and whether the order has already been processed) either elect to refund you immediately, or inform you to follow the normal returns policy.
8. CONSUMER RIGHTS
8.1 As a consumer, you have legal rights in relation to Items that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these T&Cs will affect these legal rights.
8.2 Products are supplied for domestic and private use only. You agree not to use the Product for any commercial, business or re-sale purposes. Neither we nor the Artist have liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not and the Artist does not in any way exclude or limit our liability to you where it would be unlawful to do so under the provisions of the Consumer Rights Act 2015.
9.1 The copyright to all Items remains with the Artist.
9.2 The Content on the Site, excluding the artworks, created by Kath & Company Ltd for Art at Home and the trademarks, service marks and logos contained therein, are owned by or licensed to Kath & Company Ltd, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Content on the Site is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever. Kath & Company Ltd reserves all rights not expressly granted in and to the Site and the Content contained therein.
9.3 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of artworks of third parties obtained through the Site for any commercial purposes.
9.4 You agree not to download or print a copy of any artworks for personal or commercial use.
9.5 You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
10. FORCE MAJEURE (EVENT BEYOND OUR CONTROL)
10.1 Where we are prevented from or delayed in carrying out obligations under these T&Cs due to circumstances beyond our or the Artist’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Artist's workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Artist's (as the case may be) performance of their obligations shall be postponed for the period of time that the circumstances continue.
10.2 If an Event beyond our control takes place that affects the performance of the obligations:
you will be contacted as soon as reasonably possible; and b) the obligations will be suspended and the time for performance will be extended for the duration of the Event beyond our control. Where the Event beyond our control affects delivery of Items to you, a new delivery date will be arranged with you after the Event beyond our Control is over.
11. LIMITATION OF LIABILITY
11.1 In no event shall Kath & Company Ltd, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Kath & Company Ltd, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of Content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11.2 The Site is controlled and offered by Kath & Company Ltd from its facilities in the United Kingdom. Kath & Company Ltd makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
12.1 We and / or the Seller may transfer rights and obligations under a Contract to another organisation. We shall always tell you in writing if this happens and we shall ensure that the transfer does not affect your rights under these T&Cs or any guarantees you are entitled to in relation to the Products.
12.2 These T&Cs are governed by English law and you can bring legal proceedings in respect of the Products in England. This means a Contract for the purchase of Items through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. It is agreed that the courts of England and Wales shall have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may bring legal proceedings in respect of the Items in Northern Ireland or the English Courts. If you are resident of Scotland, you may bring legal proceedings in either Scottish or English courts.