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The Art Insider
How to get ahead in the art world

Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS OF USE OF theartinsider.co.uk

1 ACCEPTANCE OF TERMS

Your access to and use of theartinsider ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2 ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3 CHANGES TO WEBSITE

theartinsider reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that theartinsider shall not be liable to you for any such change or removal; and

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

4 LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 COPYRIGHT

5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to theartinsider or otherwise used by theartinsider as permitted by law.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6 DISCLAIMERS AND LIMITATION OF LIABILITY

6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

6.2 To the extent permitted by law, theartinsider will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

6.3 theartinsider makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of theartinsider for death or personal injury as a result of the negligence of theartinsider or that of its employees or agents.

7 PRIVACY AND COOKIES

7.1 Use of the Website is also governed by our privacy_statement

Privacy and Cookies Policy which is incorporated into these terms and conditions. To view the Privacy and Cookies Policy, please click on the link above.

7.2 The Website uses cookies. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. The Website uses cookies for the following purposes:

To store the contents of a visitors shopping basket. To identify what site referred the visitor to the website. To record analytics data.

Further details of cookies are included in our privacy_statement. By accepting these terms and conditions, you are giving consent to theartinsider to place cookies on your computer. Please read the information contained in the Privacy and Cookies Policy prior to acceptance.

If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

8 INDEMNITY

You agree to indemnify and hold theartinsider and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against theartinsider arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

9 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

10 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS OF SALE OF theartinsider.co.uk

1 DEFINITIONS

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;

1.4 "Services" means the services that the Buyer agrees to buy from the Supplier;

1.5 "Supplier" means The Art Insider Limited of 20 Havelock Road, Hastings, East Sussex TN34 1BP that owns and operates theartinsider.co.uk;

1.6 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.7 "Website" means theartinsider.co.uk.

2 CONDITIONS

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.3 ORDERING

3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.

4 PRICE AND PAYMENT

4.1 The price of the Services shall be that stipulated on the Website. The price is exclusive of VAT.

4.2 The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer.

4.4 Payment of the price plus VAT, if applicable, must be made in full before commencement of the service. Payment must be made without deduction or set-off.

4.5 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

5 PERFORMANCE

5.1 The Supplier shall begin to perform the Services at the scheduled time and date or as agreed with the client.

5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

6 RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.

6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.7 AGE OF CONSENT

7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.

7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.

8 CANCELLATION

The Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.

LIMITATION OF LIABILITY

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

CHANGES TO TERMS AND CONDITIONS

The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

SCHEDULE

Special Conditions

none

1 theartinsider is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.

The purpose of this statement is to explain to you what personal information we collect and how we may use it.

2 When you order, we need to know your name, address, email address and card details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.

3 We use your personal information For payment and billing purposes. To update you about new products and services.

We will only contact you with your consent.

4 We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.

5 We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.

We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by contacting us by email.

We use a technology called "cookies" as part of a normal business procedure. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. They don't do anything i.e. they are not executable code and can only be read by (you and) the website that created them. You can view and edit the cookies on your computer like any other text file using a text editor (the contents are usually just strings of unique identifiers and date/timestamps). The website that created the cookie can read the contents when you are at their website.

Cookies are widely used across the internet: you may have hundreds of cookies on your computer at any one time. Each browser has its own set of cookies so, if you run multiple browsers, you will have multiple sets of cookies on your computer.

Many websites use cookies to improve your browsing experience e.g. remember your log-in details, record which items you have selected to purchase, or even tailor what content is displayed depending on your preferences. Cookies can also be used to record 'analytics' data i.e. which web pages you visit, whether or not you arrived at the web page by clicking on an advertisement or an affiliated website. Many websites find the collection of analytics data valuable in improving the quality and content of their web sites.

In the past, cookies have had some bad press. Much was due to a general misunderstanding of what cookies are and how they work but some was due to justifiable privacy concerns relating to 3rd party tracking cookies. These cookies are used by advertising websites and track a web user across multiple sites. The good news is that all modern browsers allow you to easily block 3rd party cookies.

We use cookies for the following purposes:

To store the contents of a visitors shopping basket. To identify what site referred the customer to the website. To record analytics data.

All the major browsers allow you to block cookies and delete those that have already been created on your computer, usually within the 'Tools' section of the browser. These tools allow you to specify which cookies you will accept by type and often by specific websites using an exception list e.g. you can block all cookies and then list the website from which you will accept cookies. There are also a wide choice of browser add-ins that you can install if you wish greater control over persistent cookies.

6 In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.

7 If you have any questions about privacy please contact us at info@theartinsider.co.uk.

© 2012 The Art Insider Limited. All Rights Reserved
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