TERMS AND CONDITIONS OF SALE
1. BACKGROUND
1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via ArtIlk.com and related pages, (the “Website”). The agreement is concluded between you and Art Ilk. Detailed contact information and other information about Art Ilk are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
1.2
The Customer must be minimum 18 years old to order via the Website. In accordance with UK law, Art Ilk does not accept any credit purchases by persons below 18 years of age. Art Ilk reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3
Art Ilk shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Art Ilk is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Art Ilk will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Art Ilk continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance of the product. Art Ilk is not responsible for any information by third parties provided for on the Website.
1.4
The Website and all its content is owned by Art Ilk or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Art Ilk.
2. CONTRACTS AND ORDERS
2.1
In order to place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that they have read the information on personal data and cookies and consents to the use according to Art Ilk’s Privacy Policy.
2.2
A purchase contract is concluded when Art Ilk has confirmed your order and you have received the order confirmation by e-mail. Art Ilk advises you to keep your order confirmation e-mail, as you will be asked for the information in future dealings with Art Ilk customer service. You can cancel your order before it is confirmed by Art Ilk. If the order is cancelled, Art Ilk will refund any payments the Customer or their pay- or credit card company has made with regard to the order. We cannot cancel and/or refund the order if it’s already been shipped.
3. CUSTOMER INFORMATION ETC.
3.1
When the Customer registers their user account and/or places an order, the Customer will be requested to provide some personal data. The Customer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Information about the processing of personal data is set forth in Art Ilk's Privacy Policy.
3.2
The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose their username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notifyArt Ilk without delay if it may be suspected that any unauthorised person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customer’s log-in details if the Customer has not provided such notification.
3.3
If Art Ilk suspects that the Customer abuses their user account or their log-in details or otherwise violates the General Conditions, Art Ilk is entitled to block the Customer’s access to their user account. Furthermore, Art Ilk is entitled to assign new log-in details to the Customer.
4. PRICES, FEES AND PAYMENT
4.1
The prices stated on the Website apply to orders placed on the Website. All prices are presented in Great British Pounds and include tax. The prices do not include payment and shipping fees, which are provided separately.
4.2
The Customer can pay for their purchase in the manner specified on the Website. Art Ilk is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by Art Ilk. Upon invoicing or partial payment, Art Ilk or its partners may obtain a third party credit report. In such a case, you will be informed accordingly. Art Ilk reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfilment of the order. Please note that limitations of available payment methods are set forth on the Website.
5. SPECIAL OFFERS
Art Ilk may from time to time provide special offers on the Website which may have more favourable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by Art Ilk in connection therewith. Art Ilk reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
6. GIFT CARD
Gift cards sold by Art Ilk are valid for one (1) year from the date of issue and can be redeemed in Art Ilk’s web shop. After the expiry date, the card cannot be used as payment or reactivated, nor can any remaining value be reimbursed. Your gift card constitutes legal tender at Art Ilk and must be stored securely. Gift cards cannot be exchanged for cash. Lost or stolen cards will not be replaced.
7. DELIVERY AND SHIPPING
7.1
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with the reservation of products not in stock), delivery will be made no later than 30 working days after Art Ilk has confirmed the order in writing through the order confirmation. If you haven't received your order within the delivery time advertised, please contact our Customer Service no longer than 30 working days after the order was placed.
7.2
The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
7.3
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS. No refund will be provided if the package is not retrieved. In cases of Home delivery there should be a person available to accept the parcel, refunds will not be provided if the delivery is rejected.
8. RIGHT OF WITHDRAWAL
8.1
When purchasing products on the Website, the Customer has a 30-day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying Art Ilk accordingly within 30 days from when the Customer or their representative received the product ordered (withdrawal period). We currently do not support returns because the products you order are personalized and/or made on demand specifically for each order. We will be happy to send a complimentary replacement order or refund if the product does not meet our quality guarantee. If you’re not satisfied with the quality of the products you received get in touch within 30 days of receiving the item and we’ll do everything we can to investigate and find a solution. If our quality assurance team validates your claim, we will be happy to send a complimentary replacement order to you as quickly as possible.
9. WARRANTY AND COMPLAINTS
9.1
Some of Art Ilk’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
9.2
The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Art Ilk, as soon as possible after discovering the defect using the contact information set forth on the Website. Complaints made within 30 days of the time the defect was discovered are always considered to have been made in a timely manner.
9.3
Art Ilk will assume the cost for product replacements or refunds for any approved complaints.
9.4
Once a product, for which a complaint has been filed, is returned and the complaint approved, Art Ilk will refund the Customer in compliance with applicable consumer protection legislation. Art Ilk strives to do so within 14 days from receipt of the complaint by Art Ilk, but it may be delayed depending on the nature of the product. Art Ilk reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
10. LINKS
Art Ilk may provide links to other websites beyond the control of Art Ilk and websites beyond the control of Art Ilk may provide links to the Website. Even if Art Ilk attempts to ensure that Art Ilk only provides links to websites which apply similar personal data- and security provisions pursuant to Art Ilk’s Privacy Policy, Art Ilk is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
11. FORCE MAJEURE
Art Ilk is not liable for any delays caused by circumstances beyond Art Ilk’s control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Art Ilk shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Art Ilk are entitled to terminate the purchase with immediate effect.
12. CHANGES TO THE GENERAL CONDITIONS
Art Ilk reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Art Ilk has informed the Customer of the changes. However, Art Ilk recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
13. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.
14. APPLICABLE LAW AND DISPUTE RESOLUTIONS
14.1
Any disputes shall primarily be settled by agreement after discussions with Art Ilk’s customer services.
14.2
If a dispute cannot be resolved through discussion with Art Ilk's customer service, you, as the customer, can directly submit complaints online via a Dispute Settlement Authority in the UK.
14.3
Disputes concerning the interpretation or application of these General Terms shall be settled as determined under item 14.2, above, or ultimately by the courts.