USE OF THIS WEBSITE
These Terms and Conditions apply your use of this website. Please read them carefully and ensure that you understand them. You will be asked to agree to these terms before being able to order any Artworks from our site. Your use of this website is subject to your acceptance of these terms and conditions. If you do not accept these terms you must not use or access this website.
Your purchase contract is with Cant Stop Art. In these Terms and Conditions (Terms), “we”, ”us” and “our” shall be interpreted as referring Cant Stop Art. You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time, therefore each time you place an order, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently on the date in the heading above. When we refer, in these Terms, to “in writing”, this will include e-mail.
ABOUT CANT STOP ART
We operate the website www.cantstopart.com.
Contacting us: email us at [email protected] Please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or the date following the date of posting.
The images of the Artworks on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflect the color of the Artworks. Your Artworks may vary slightly from those images.
INTELLECTUAL PROPERTY RIGHTS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Cant Stop Art, or its content suppliers and protected by international copyright laws. The content and software on this site may be used as an information and shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site without the permission of Cant Stop Art is strictly prohibited.
Licence to use this website is granted limited to the following: You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.
Without express consent you must not:
- republish material from this website (including republication on another website);
- sell, rent or otherwise sub-license material on the website;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
LIMITATION OF LIABILITY
The information on this website is provided free-of-charge, and whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.
- 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.
- You must not use our website 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 for any purposes related to marketing without our express written consent.
- You must not use our website to copy, publish or send mass mailings or spam.
- You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
- All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
- We reserve the right to edit or remove any material posted upon our website.
- We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
HOW WE USE YOUR PERSONAL INFORMATION
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our Site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- 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. Our acceptance of your order will take place when we send you an e-mail that confirms that the Artworks have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you Dispatch Confirmation.
- If we are unable to supply you with an Artwork, for example because that Artwork is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in the PRICE OF ARTWORKS AND DELIVERY CHARGES section, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Artworks, we will refund you the full amount including any delivery costs charged as soon as possible.
Delivery times within Spain will usually be within 5 working days, delivery to destinations outside of Spain will be by the most efficient appropriate method and usually within 30 days.
Following placement of your order we will send you an email to confirm the estimated delivery date.
Occasionally our delivery to you may be affected by an Event Outside Our Control.
Delivery of an Order shall be completed when we deliver the Artworks to the address you gave us and the Artworks will be your responsibility from that time.
You own the Artworks once we have received payment in full, including all applicable delivery charges.
If you order Artworks from our site for delivery outside Spain, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Artworks are destined. We will not be liable or responsible if you break any such law.
PRICE OF ARTWORKS AND DELIVERY CHARGES
The prices of the Artworks will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Artworks are correct at the time when the relevant information was entered onto the system.
Prices for our Artworks may change from time to time, but changes will not affect any order you have already placed.
The price of an Artwork includes VAT (where applicable) at the applicable current rate chargeable in Spain for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Artworks in full before the change in VAT takes effect.
The price of an Artwork does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
Our site contains a large number of Artworks. It is always possible that, despite our efforts, some of the Artworks on our site may be incorrectly priced. If we discover an error in the price of the Artworks you have ordered we will contact you via email to inform you of this error and we will give you the option of continuing to purchase the Artwork at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you via email.
HOW TO PAY
You can pay for Artworks in either of the following ways:
(a) using a debit card or credit card
(b) using one of our Gift Vouchers
Payment for the Artworks and all applicable delivery charges is in advance. We will not charge your debit card or credit card until you confirm your order.
The following terms apply to purchases using our Gift Vouchers:
(a) Each of our Gift Vouchers has a unique reference code. For purchases online, the code must be quoted.
(b) Our Gift Vouchers may be exchanged for Artworks: where the Artwork(s) being purchased are of a higher total price than the Gift Voucher, you must pay the difference by debit card or credit card.
(c) Where the Artwork(s) being purchased are of a lower total price than the Gift Voucher, the difference will be credited to you for use on your next purchase. No part of a Gift Voucher can be exchanged for cash.
(d) Each of our Gift Vouchers is valid for 12 months from the date of issue, following which the Gift Voucher (and any credit referred to in (c) above) cannot be used in a purchase from us.
(d) We do not accept liability for lost or stolen Gift Vouchers.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined as any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Artworks you have already received and we will refund the price you have paid.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
- may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by Spanish law. This means a Contract for the purchase of Artworks through our site and any dispute or claim arising out of or in connection with it will be governed by Spanish law. You and we both agree to that the courts of Spain will have exclusive jurisdiction.
- If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain. The courts of Spain shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).