FYNEART.COM - TERMS AND CONDITIONS

Please find below our ‘terms and conditions which govern your use of our website, by using our website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

You must be at least 18 years of age to use our website.  By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, host, store, host, send, transmit, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, worm, Trojan, worm, keystroke logger, root kit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must neither use our website to send or transmit unsolicited commercial communications, or for any purposes related to marketing without our express written consent.

Restricted Access

Access to certain areas of this website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions

The Responsibility of the Customer

Customers are responsible for providing information completely and accurately.  Extra care should be taken when giving special instructions. FyneArt.com will not be responsible for incorrect orders due to incorrect customer instructions. Verbal instructions are accepted on the basis that FyneArt.com will not be held responsible for any error that may arise. It is the customers full responsibility to fully appraise the provided proof image for approval and to aware themselves with the detail of the website faq page and details there on.

Artwork

FyneArt.com takes into account requests regarding colour balance. However, without special instruction or colour sample guide, reproduction of colour will be deemed faithful at the discretion of FyneArt.com. Unless clearly specified, printing compositions will be at the discretion of FyneArt.com whose decision will be final. All stated print and trim sizes are nominal and FyneArt.com will accept no liability for minor variations in size. Images must meet a minimum of 120 dpi resolution at your chosen print size however a 300 dpi is recommended for the highest quality print. FyneArt.com will always produce the best quality print but cannot be held responsible for final prints produced from poor quality artwork supplied. FyneArt.com shall be entitled to sub-contract any service it agrees to perform.

Payment

Customers are required to pay the full amount through cheque, postal order, or Paypal. Work will begin on receipt of cleared payment in any other case excluding ‘Photo to Painting’ products where a deposit is acceptable as laid out on the FAQ page of this website. 

Prices

We reserve the right to alter our prices without prior notice. Additional work carried out at the customer's request, will be charged accordingly.

Trade prices are calculated proportionately to the current online prices and exclude any promotional discounts that may be currently available. Trade Discounts are invited by registered businesses's only, proof of business ownership may be required prior to a trade account being obtained. Trade Discounts are calculated on the basis of 20% off the recommended on-line prices for all canvas productions up to and excluding our 'photo painting' products. Trade discounts pertaining to 'photo painting' products equate to 50% off the recommended on-line prices. All trade discount holders receive the additional discount of free delivery to any UK business address. These discounts are subject to change and we reserve the right to amend these prices, the prices quoted above are correct at this time and are valid for the period 6th April 2011 to 31st January 2012.   

Offers

One offer cannot be used in conjunction with another and is based on the advertised price that appears under the ‘price’ page within this website, discounts exclude ‘Photo to Painting’ products unless stated.

Delivery

Delivery to the customer will be by the most affordable means for that item. FyneArt.com cannot guarantee delivery times or dates due to circumstances beyond our control. Please allow up to 14 days, from confirmation of order and final payment being received, for your goods to be delivered. Whilst every care is taken to pack your artwork, FyneArt.com will not be liable for damage to artwork whilst in transit. In this event FyneArt.com needs to be contacted within 24 hours of receiving your order.

Loss or Damage

Whilst every care and precaution is taken against loss or damage to originals or articles entrusted to FyneArt.com, liability for loss or damage shall be limited to the invoice value of the reproduction element of that particular original or article. 

Disclaimer

FyneArt.com shall not be required to print any matter, which in its opinion is or may be of an illegal, immoral or libelous nature. It is the responsibility of the customer to ensure that all material presented for photography, printing, copying, duplicating or any other form of reproduction is free from any third party claims for breach of copyright or license. FyneArt.com shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libelous matter printed for the customer or any infringement of trade marks, copyright, patent or design.

It is the responsibility of the customer to ensure all artwork is correctly placed using the fittings FyneArt.com provides. FyneArt.com cannot be held responsible for damage arising from customer failure to check suitability of areas where artwork is to be placed.

Cancellations

A request for cancellation after work has commenced can be made. FyneArt.com will refund the amount paid less all costs incurred up to the time of cancellation and not less than an amount equal to 20% of the ordered cost (£10 minimum charge). Any deposits paid prior to any work being carried out are non refundable.

Complaints

Any complaints regarding a print must be logged with FyneArt.com within 24 hours of receiving the delivery. It is at the discretion of FyneArt.com to refund any monies paid less any costs incurred, or to provide a free replacement print where applicable. It is the responsibility for the customer to return the image to FyneArt.com in its original condition including original packaging. Any product returned to FyneArt.com may be sold by FyneArt.com as they see fit unless prior agreement has been established and accepted by FyneArt.com. Should Fyneart.com require to re-print your canvas to appraise any complaint made that canvas will be destroyed on conclusion of investigation.

Final Print

Life expectancy and performance of any canvas printing is based on manufacturers and suppliers claims. FyneArt.com are not liable for any deviation in quality or consistency of printed images and media. FyneArt.com reserves the right to change media suppliers at any time and does not guarantee consistency of media quality. Due to the nature of inkjet printing on canvas material, 'cracking' may appear where the image is continued around the stretch frame as an gallery wrap or coloured edge canvas product. FyneArt.com will not accept 'cracking' as the sole reason for a canvas return.

Copyright of Products Produced by Fyneart.com 

Products produced by FyneArt.com for use or sale by FyneArt.com including advertising are in the copyright of FyneArt.com and as such can not be used in any publication, advertisement or exhibition without prior consent by FyneArt.com. Any ‘Photo to Painting’ or digital artwork's produced by FyneArt.com are included in the aforementioned copyright and can not be reproduced under any circumstance without the express permission of FyneArt.com. Any image provided by a customer to FyneArt.com will not be used in or on any publication, brochure or other advertisement including the FyneArt.com website without the prior written consent of the customer.

Breaches of These Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.