Contents

These are the terms and conditions (the "Terms and Conditions") which apply to the use of this web site (this "Site") by you. The links below take you to the relevant sections on this page.

1 Copyright, Trade Marks and Domain Names.

2 General Terms and Conditions of Use.

3 Privacy Policy.

4 Further Information.

In these Terms and Conditions, references to "we", "us" and "our" are to ArtKandy.

Use of this Site is subject to these Terms and Conditions. If you do not agree to these Terms and Conditions you must cease use of this Site immediately.

We reserve the right to change these Terms and Conditions from time to time at our discretion, including (though not only) in response to any changes in law that may apply to our operations. However, any amended version of these Terms and Conditions will only apply after we have published that amended version on this Site.

COPYRIGHT, TRADE MARKS AND DOMAIN NAMES

1 Copyright

The entire content of this Site (including, but not limited to, text, software, photos, images and graphics of any sort) is protected by copyright and/or database rights throughout the world. You may not copy (except by downloading and printing off one copy, as expressly permitted by these Terms and Conditions), modify, publish, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the content of this Site, in whole or in part. Unauthorised use of this Site may breach copyright and other intellectual property rights. You may download and print one copy of any of the information available on this Site, for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, file sharing, retransmission, publication or commercial exploitation of any of the content of this Site will be permitted without our express written permission, and that of the copyright owner where we do not own the copyright in that content. You must not delete or make any changes to (or allow anyone else to delete or make any changes to) any author attribution or copyright notice appearing as part of that content. You acknowledge that you do not acquire any intellectual property rights in any of the content of this Site by using this Site, including by downloading any material from it.

2 Trademarks

"ArtKandy" is an unregistered trade mark of ArtKandy. Any other trademarks and brand names appearing on this Site are the property of their respective owners, and you must not delete or make any changes to (or allow anyone else to delete or make any changes to) any trademark legend appearing on this Site in respect of any trademarks or brand names.

3 Domain names

The domain names listed below are the property of ArtKandy:

www.artkandy.co.uk

www.artkandy.com

GENERAL TERMS AND CONDITIONS OF USE

4 Accuracy of information

We do our best to ensure that all information on this Site is accurate. If you believe any of the information to be inaccurate, please let us know and where we agree with you, we will correct it as soon as practicable. However, we make no representations that any of the information on this Site is in fact accurate and up to date or complete, and accept no responsibility for any loss or damage caused by the inaccuracy or incompleteness of the information on this Site. It is the responsibility of users of this Site who wish to act on the basis of information available on it, to check and verify that information themselves before acting. Although we hope that this Site will be of interest to users, we make no representations and offer no warranties and we exclude to the maximum extent permitted by law all conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms and Conditions, might have effect in relation to the Site.

5 Linking and other web sites

On this Site we may from time to time provide hypertext links to other web sites that are operated by third parties (i.e. people other than ArtKandy). Please note that using such a link means that you are leaving our Site, and we take no responsibility for, and make no representations and give no warranties in respect of, any web sites accessed through any such links from this Site.

6 Our liability

The information on this Site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us, and is not intended to be relied upon by you in making (or refraining from making) any specific decisions. We make available all information on this Site free of charge, and to the fullest extent permitted by law, Artkandy, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any officers, directors, employees, shareholders or agents of Artkandy, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

7 Governing law and dispute resolution

Scots law shall apply to these Terms and Conditions, notwithstanding the jurisdiction where you are based. You irrevocably agree that the Scottish courts will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions, and for these purposes irrevocably submit all such disputes to the jurisdiction of the Scottish courts. The place of performance of the contract created by your use of this Site subject to these Terms and Conditions shall be Scotland.

8 Payment

The full price for ordered products must be paid and cleared prior to despatch. All orders must be paid for in Pounds Sterling. Ownership of the product(s) purchased does not pass to the purchaser until Artkandy has received in full the sums due to it for the product. We accept most major credit and debit cards and in the case of payment by cheques restrictions apply*

*Cheque Payments only acceptable as follows: 1. Orders payable by cheque will only be accepted once cheque has cleared 2. Cheques must be payable to 'ArtKandy' 3. Cheques must be signed front and back 4. Customer Name, Address and Telephone Number must be written on reverse of cheque.

9 Delivery Times

Normal Delivery times are 14 - 21 days, if a longer delivery period is envisaged Artkandy will advise the purchaser. Special delivery times may be arranged on request, subject to an additional charge and details in this respect can be obtained by calling the seller.

10 Cancellation of an Order

Once you have ordered items you will enter into a purchase contract with ArtKandy. Under the United Kingdoms Consumer Protection (Distance Selling) Regulations 2000, you have the right to return the items you have purchased, a purchaser has 7 days from the day after delivery of the goods to cancel the contract. The purchaser must intimate cancellation to the seller in writing (not by telephone). The cancellation is effective as of the date of posting of the cancellation. Providing item has been returned to us in the original condition we will refund the costs to the purchaser within 30 days of cancellation. Artkandy reserve the right to impose a reasonable charge to cover postage costs incurred by the seller in recovering the product. We recommend for your own protection using a recorded delivery service or airmail service.

Artkandy reserves the right to cancel orders resulting from typographical errors in respect of the description or price of products ordered.

11 Damaged Goods

Goods should be returned to us if they are received by you in a damaged condition. Should your goods become damaged in the post we ask that you state this in the form which you are asked to sign in order to receive the package. If the tube has obviously been crushed please do not accept the parcel. Damaged goods must be returned in the original packaging within 1 x week of receipt. Risk passes to the purchaser at time of delivery. Goods which are subsequently damaged after receipt will not be replaced.

12 Refunds

All payments are made in pounds sterling any refunds will also be made in pounds sterling.

13 General

Failure by us to enforce a right will not result in a waiver of such right. If any of these Terms and Conditions is held to be invalid or unenforceable by any court having authority to determine such issues, the remaining provisions of these Terms and Conditions will not be affected, and accordingly will remain in full force and effect. You may not assign or transfer your rights under these Terms and Conditions.

The invitation to the purchaser to order goods is not an offer to sell the goods to the purchaser, but that it is an invitation to treat. The order for goods is an offer to Artkandy to purchase goods subject to your terms and conditions.

Purchase of any item from Artkandy is subject to availability.

If no details are provided on the conclusion date of the contract (e.g. contract concluded on receipt by the purchaser of a confirmation email from the seller), then the date of conclusion of the contract would be implied by law.

The contract between Artkandy and the purchaser will be on Artkandy's Terms and Conditions to the exclusion of all other terms and conditions.

14 Sale of the work

All sales of the Work by the Agent(Artkandy) on behalf of the Principal (the artist) shall be at the Price and shall be on the standard terms and conditions produced by the Agent including without limitation as set out on the Agent's website (www.artkandy.co.uk) as such terms and conditions may be varied from time to time.

The Agent shall, at no time, acquire title or any other proprietary interest in or to the Work or the intellectual property rights in respect of the Work.

PRIVACY POLICY

15 Online privacy practices

Your privacy is important to us, and we are keen to ensure that you get the most out of this Site and our services, without prejudicing that privacy.

ArtKandy are committed to protecting your information including credit card details and personal information. Your online order is made through a secure connection and we do not disclose any information to other companies.

16 Use of personal information

In some areas of this Site we may ask you to provide information about you (including, by way of example only, your name, your employer's name (where appropriate) and your contact details) that will enable us to enhance your Site visit, or to provide you with further information about us and/or our services. This would include where you fill in the form which appears on this Site, to request inclusion on our mailing list, or where you provide feedback to us, or where you complete any online questionnaire we may post on this Site from time to time. The information which you provide will be retained and used by us only for the purposes for which you have provided it to us, whether to provide services or information to you, or otherwise, and will not be passed to any third party, other than to any contractor duly appointed by us, who requires to have access to that information for those purposes. By using this Site you are giving us permission to retain and use your personal information in this way. We will not retain or use your personal information for any reason, other than as described in the previous paragraph. In particular, none of your details will be passed to third parties for marketing purposes.

17 Cookies

We do not use cookies for collecting information about you, and we will not collect any information about you except in the manner described above.

18 Security

We follow strict security procedures in the storage and disclosure of personal information in order to ensure compliance with all applicable legal requirements, including by taking all reasonable steps to prevent unauthorised access to your personal information. However, please be aware that communications over the internet are not secure unless they are encrypted, and we do not accept responsibility for any unauthorised access to or loss of personal information due to circumstances beyond our control.

19 Other web sites

The Privacy Policy set out in these Terms and Conditions only covers this Site. It does not cover any other web site, including any web site to which you may find a link on this Site.

20 Correction of personal information

If you become aware that the information we hold about you is inaccurate please contact us by email at info@artkandy.co.uk, and we will ensure that the details we hold are corrected or updated as soon as possible.

FURTHER INFORMATION

Finally, should you have an enquiry about any aspect of these Terms and Conditions, or our use of your personal information, please contact us as follows:

by email: info@artkandy.co.uk

by post: FAO Ben Abbot - ArtKandy, 5b the Cotton Lofts, 124/128 Shacklewell Lane, Dalston, London, E8 2EJ

by telephone: +44 (0) 2072 494 484 or +44 (0) 7928 056 294