Duck-Art are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link on the store page.
Our Contact details:
5 Cayton Road
Coulsdon, Surrey, CR5 1LT
Phone: 0844 3577214
general - email@example.com
press and media - firstname.lastname@example.org
shop - email@example.com
Company Registration No. 05834767
PLEASE NOTE: Many of the items that we sell from our on-line shop are of limited availability or unique. Because of the payment processes that we use there may be occurances where stock is ordered and paid for via this website where we no longer have the item/s in stock. We will do our utmost to maintain stock balances, but should this event occur then we will provide a full refund and apologise.
These terms and conditions govern any agreement between you and Duck-Art for the purchase of certain Goods and/or Services ('Goods'), the use of the Duck-Art Website and Privacy.
By ordering Goods and/or Services from Duck-Art and/or using the Duck-Art Website you agree to be bound by these Terms and Conditions and agree that these Terms and Conditions, together with our acceptance of any order and/or purchase and/or any use of the Website, constitutes a legally binding contract between you and Duck-Art.
|Definitions and Description of Goods & Services. Access to Download Services, Subscription Services and Registration|
'Agreement' means an offer to purchase Goods by you and acceptance of the offer by Duck-Art which incorporates these Conditions.
'Duck-Art' means 10 Storey Limited trading as Duck-Art (registered in England, number 05834767, registered office: Devonshire House, 60 Goswell Road, London, EC1M 7AD).
'Terms' means the Terms and Conditions set out herein.
'Website' or 'on-line' means the World Wide Web website www.duck-art.com or other related website/s which are managed/owned by Duck-Art.
'Goods' means any Goods containing any printed content (including Prints, Books, Posters, Stickers) and/or any other products or merchandise available for purchase from the Duck-Art.
'We', 'Us' and 'Our' shall mean Duck-Art.
'You', 'your' and 'yourself' means any purchaser from, user of or visitor to the website or WAP site.
2. Description of Goods and Services
i. Duck-Art provide Goods such as Prints, Posters, Stickers, Books, T-Shirts, Recordings, CDs etc. as well as other Products.
|Delivery of Goods|
4. Delivery of Goods
Goods purchased from Duck-Art, that are held in stock, will be despatched within 72 hours of Duck-Art receiving payment, unless otherwise stated. If your Goods are not despatched within 7 working days Duck-Art will e-mail you with an update on the order's progress. You can then chose to either wait for the Goods to be delivered, accept a refund or pick an alternative item from the website.
There may be some delay where Goods are held by other suppliers.
|Faulty, Damaged or Incorrect Goods|
5. Faulty, Damaged or Incorrect Goods
You shall inspect Goods upon delivery to you and notify Duck-Art immediately by e-mail of any defects in the Goods to firstname.lastname@example.org. If no such notification is received within 3 working days of such delivery the Goods shall be deemed to be complete, in good order and condition and in every way satisfactory to you. Duck-Art will replace any Goods which, when delivered, are damaged or did not confirm to the specification stated on the website, provided always that you notify Duck-Art by e-mail within 3 working days of the delivery and provide us with full details of the non-conformity or damage. Said Goods are to be returned to Duck-Art where a refund or replacement will be arranged as appropriate.
|Price and Payment|
6. Price and Payment
You shall pay all sums in advance and in full for the Goods or Services prior to you being send the Goods.
If you fail to make payment for Goods or Services of any sums due to Duck-Art under the Agreement within 48 hours, Duck-Art shall be entitled to withhold delivery of the Goods or Services and treat your offer as withdrawn.
The price you pay for the Goods or Services is as shown on the website/promotional material at the time you order the Goods or Services. Any VAT due or postage and packaging will be charged where applicable.
Duck-Art reserves the right to change prices listed on the website without notice.
Duck-Art shall not be liable for any duties, customs or other taxes that may be imposed by an authority in any country outside of the EU.
|Termination and Cancellation of Services, Right to Withdraw|
7. Termination and Cancellation of Services, Right to Withdraw
Goods ordered by you will be subject to the European Distance Selling Directive whereby you have the right to withdraw from the contract within 7 working days from receipt of the goods, and return the goods without having to give any reason. If you withdraw you will be reimbursed within 30 days. You will need to pay for the postage costs of returning the goods, but we do not add an administration or repackaging charge. Under these conditions, retuned goods must reach us in 100% resaleable condition for customers to be eligible for a refund.
You acknowledge that Duck-Art collects and processes "personal information" (i.e. information that could be used to contact you, such as full name, postal address, phone number and e-mail address), and "demographic and usage information", subject to the rest of this paragraph in order to operate this site. We may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes. Personal information collected by Duck-Art may be stored and processed in any country in which Duck-Art or its agents maintain facilities. Duck-Art will not transfer the data to third parties other than as required for the delivery of Goods. By purchasing Goods, you consent to any such transfer of information outside of your country. Your personal information and demographic information will be deleted no later than six months after termination of your subscription. Duck-Art may store your information beyond this date if that is required by law or contract. You agree that communication between Duck-Art and you can be by e-mail.
Without prejudice to your rights (and Duck-Art's obligations under relevant data protection laws) any personal information you send to Duck-Art via e-mail is done so at your own risk.
|Website and Intellectual Property (including Copyright). Indemnification, Warranties and Liabilities. Entire Agreement, General and Other Provisions|
i. Use of Website
Your use of the Duck-Art Website is subject to our Terms and the disclaimer/legal notices included in this Agreement.
Duck-Art reserves the right to withdraw the Website, any information contained in the Website, and any Goods or Services offered for sale on the Website, at any time in part or in whole without any prior notice.
You agree not to use the Website in any way that may cause degradation in performance of the Website or Duck-Art computer systems or interruption to the Website's or Duck-Art's systems operation.
Duck-Art reserves the right to monitor your use of the Website and to investigate your use of the Website if we have grounds to suspect that you are breaking the Terms of this Agreement or any relevant law. We reserve the right to report any suspected unlawful use of the Website or fraudulent use of any credit card, debit card or other payment method to relevant law enforcement authorities.
ii. Website Disclaimer and Legal Notices
§ The contents of the Website pages (including all website design, text, graphics, underlying source code, software and all other material) are copyright of Duck-Art or its content and technology providers except where stated on specific material or items. You may view the Website and download any part of it to a personal computer for personal viewing or printing for private purposes only but you are not permitted, without our explicit permission, to store it or any part of it (other than for personal viewing or printing as described in this paragraph), to print out copies of it or to reproduce, copy, change or transmit it (or any part of it) in any other way for any purpose or in any other form or medium.
§ No part of the Duck-Art Website may be used by any other party (than Duck-Art) for any commercial purpose, or incorporated in any other work or publication, whether printed or digital in form or any other format. No part of the Duck-Art Website may be reproduced or transmitted to or stored on any other website or servers or any form of electronic storage/retrieval system.
§ Copyright of any Digital or Printed image/s provided to Duck-Art by any third party, which are displayed on or used within the Duck-Art Website and/or WAP site, will remain with such third party.
§ Duck-Art, Duck-Art.com and the Duck-Art logo/s are trademarks of Duck-Art. Any use of the trademarks is prohibited other than with the explicit permission of Duck-Art. Such permission can only be granted, in writing, by a Director of Duck-Art.
§ Duck-Art gives no warranties and makes no representations, express or implied, as to the validity or completeness of the information contained in the Website and accepts no liability for any loss resulting directly or indirectly from the use of, or any action taken in reliance on, any such information. Duck-Art shall be under no obligation to notify any person of any error in the Website.
§ No warranty is given as to the absence of any viruses, defect, program or system errors, or other malicious programs or macros.
§ The website may contain certain links to other websites that are owned and operated by third parties. You accept that Duck-Art is in no way responsible for the availability of, the operation of, the content displayed on or available from, such websites.
10. Intellectual Property (including Copyright)
You acknowledge and agree that any and all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practised in connection with any of the Goods and Services provided to you under this Agreement and any and all intellectual property, including but not limited to intellectual property, created, developed, subsisting or used by Duck-Art in performance of the Agreement (to avoid any doubt including any copyright in any software) (Duck-Art Intellectual Property Rights) shall vest in or (as the case may be) remain the exclusive property of Duck-Art or such third party licensors as Duck-Art shall designate and nothing in these Conditions confers any right on you in this respect, and you agree to make no claim of interest in or ownership of such Duck-Art Intellectual Property Rights. You agree that no title to the Duck-Art Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
You hereby warrant that you will not use, copy, alter or modify the Goods or Services for any purposes other than as expressly permitted by Duck-Art.
You shall keep Duck-Art, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees fully and effectively indemnified in respect of all losses, liabilities, damages, costs, stress, offence and expenses arising from any failure by you to use the Goods and Services and/or any intellectual property subsisting therein strictly in terms of the end user licence agreement, your representations and warranties within this Agreement. These obligations in respect of the intellectual property and copyright shall survive termination or performance of the contract.
You are also responsible for ensuring that use of the Duck-Art Website or any part of it is permissible in your jurisdiction. You agree that Duck-Art shall not be liable to you, or any other party, to the extent that any laws in your jurisdiction render Duck-Art's performance of its obligations under this Agreement unlawful.
You agree to fully indemnify Duck-Art in respect of all losses, liabilities, damages, costs, stress, offence and expenses, suffered by Duck-Art arising out of any misuse of the website by you or any user of your computer equipment, whether authorised by you or not, or any misuse of the website or your Duck-Art information by any other such user (expect to the extent that such misuse arose from the intentional and unlawful disclosure of your account information by Duck-Art to third parties).
12. Warranties and Liabilities
Duck-Art confirms that in relation to any Goods and Services purchased from Duck-Art that it has the right to sell such Goods and provide such Services to you.
Duck-Art warrant to use its best reasonable endeavours to provide the Goods and Services as described on the website, but reserve the right to withdraw such Goods and/or Services should the need arise. If a Subscription image is withdrawn Duck-Art will endeavour to replace the image with a suitable alternative.
Duck-Art warrant to use its best reasonable endeavours to deliver the Services and/or supply the Goods in accordance with the terms of the Agreement and to perform any services with reasonable skill and care.
Duck-Art shall use its best reasonable endeavours to meet the delivery timescales detailed in the terms of the Agreement but no warranty is given in this regard.
We do not make and hereby disclaim any express or implied warranty regarding the services and/or Goods and/or the intellectual property insofar as it is competent to do so, including without limitation any warranty of merchantability of fitness for any particular purpose of the any of the Goods notwithstanding that such purpose may have been known or become known to us.
Duck-Art excludes all other express or implied terms, conditions, warranties, representations or endorsements with regard to any Goods or Services. Duck-Art, its licensors and contractors (including any third parties providing all or part of the services) accept no liability for any indirect or consequential loss or damage, or any loss of data, profit, revenue or business (whether direct or indirect) however caused or whether foreseeable or not, arising from your purchase of Goods or Services from Duck-Art.
Duck-Art's total liability to you or any third person under any contract for the purchase of Goods or Services provided or otherwise under this Agreement and/or for any breach of this Agreement will be solely limited to the amount paid by you for such Goods purchased or such Services provided during the term of this Agreement.
Duck-Art will not be responsible for any loss or damages incurred by unauthorised use of your payment method on the website. Duck-Art is not responsible for notifying your card issuer or any law enforcement authority in these instances.
The limitations and exclusions in this clause do not affect your statutory rights and only apply to the extent permitted by applicable law.
13. Entire Agreement
These Terms are in addition to any Terms and Conditions applicable to Products, Goods and Services which may be posted in connection with such Product, Goods and Services ("Specific Terms"). In the case of any discrepancy between the Terms and such Specific Terms, the latter shall prevail. These Terms and any other terms or documents referred to herein represent your entire agreement with Duck-Art with respect to your use of the Services and purchase of Goods.
These Terms can only be varied in writing when signed by a Director of Duck-Art. No additional terms or conditions requested by and communicated in any way by you will form part of this Agreement or contract whether accepted or not by an employee of Duck-Art. No employee of Duck-Art can alter the terms and conditions of this Agreement whether or not they confirm this to you in any way.
Any failure or neglect by Duck-Art to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of its rights hereunder nor in any way affect the validity of the whole or any part of the Agreement nor prejudice its right to take subsequent action.
You shall not assign or sub-contract any of your rights or duties under the Agreement without the prior written approval of Duck-Art. Duck-Art shall be entitled to assign or otherwise transfer the benefit and/or burden of the Agreement without restriction.
15. Other Provisions
Duck-Art shall serve notices related to this Agrement by posting them on the www.duck-art.com Website or by sending them to the postal address or e-mail address you have given to Duck-Art. Unless otherwise expressly stated, any notices sent by e-mail pursuant to the terms of this Agreement shall be deemed to have been made upon such e-mail being sent. Notices posted on the Duck-Art Website shall be deemed received on the weekday following the day when they were posted. Notices sent by mail shall be deemed received seven days after they were sent.
ii. Changes to Terms
This Agreement is subject to change by Duck-Art at any time. Any changes shall be deemed effective when such changes are posted on the Duck-Art Website. Any subsequent use of Services after such posting on the Website shall constitute acceptance of such changes by you.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Duck-Art's failure to pursue any available claim or defence pursuant to this Agreement or otherwise shall not be deemed to be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the Terms herein.
The section headings that appear in this Agreement serve only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
In the event that this Agreement terminates or expires as provided herein, Sections 3(iii), 3(vii), 10, 11, 12 and 15 of these Terms shall survive such expiration or termination.
vii. Force Majeure
Duck-Art shall not be liable for any failure to deliver or delay in delivery of Goods and/or services, or damage to Goods delivered, arising from circumstances beyond the reasonable control of Duck-Art.
16. Governing Law
This Agreement and Goods shall be construed in accordance with and governed by the laws of England and Wales and you shall submit to the non-exclusive jurisdiction of the English and Welsh Courts in all matters relating to the subject matter of this Agreement.
What data do we collect?
We will collect personal data as provided to us during the registration, subscription or purchase process, which you agree to supply us as accurate. We do not monitor your use of the Internet but we do use cookie technology to monitor your use of the Duck-Art Website and Services. This information is not stored alongside your personal data and will only be used on an anonymous, aggregated basis. We may hold personal data relating to the Services provided and the images downloaded in order to maintain and improve the service we offer.
What do we do with it?
We may use personal information about you to build up a profile of your interests and preferences.
Also there are times when we need to share the information we learn from you with other parties. However, the information we hold concerning our customers is an integral part of our business and we will not sell or rent this information to anyone else.
However, we will send personal information about our customers to other companies or people as follows:
This will be when we use other companies or people to perform functions for us such as payment processing, order processing, e-mailing, customer service etc. The agents can the information so that they can perform the specific function but not for any other purpose.
We sometimes would like to promote other companies products or services on our Website and we may send these promotions directly to our customers. We do not pass on your details to the company. If you would not like us to do this for you then please let us know by e-mailing us at email@example.com.
If we sell all, or a substantial part of our business then our customer information is recognised as being part of the business. As such the customer information is likely to be transferred.
Compliance with law
We will release personal information when required to do so by law. We may also exchange information with other companies and organisations for the purposes of fraud protection and credit risk management.
What security do we have?
Our intention is to protect your information from misuse, theft and change. All information, in relation to you, is accessed by us using secure technology. In order to provide a safe and secure environment for your personal information we always try to use current technology. Firewalls are used to block unauthorised access to our servers and physical security is used to prevent unauthorised access to the physical servers.
You can greatly assist us in this by ensuring that you do not pass your personal details, login, password, account name etc. on to anyone who is not authorised by you and by using a password which would be difficult to guess or get hold of.
What are Cookies and why do we use them?
A cookie is a small data file that Websites write to your hard drive when you visit them. A cookie cant read files from your hard drive nor can a cookie file be read by any other Website than the one that created it. The only personal information a cookie can hold is information that the user gives. Cookies greatly assist us in providing you with a more personal experience on our Website and it gives us a way of checking your identity. Neither your security nor privacy are compromised when you accept a cookie from the Duck-Art website.
If we need to change our Privacy Statement then we will do so by updating the Website and placing a note regarding this in our News items.
If you would like any further information regarding this policy or have any comments or suggestions please send an e-mail to firstname.lastname@example.org.
|Right to Return Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm|