Terms and Conditions

Last updated 24 November 2020

 

1. Agreement to Terms     

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Kirsten Boston Artist, located at 33 Williamstone Court, North Berwick, EH39 4RQ, concerning your access to and use of the Kirsten Boston Artist website as well as any related applications. 

You agree that by accessing this website and/or using our services, you have read, understood, and agree to be bound by all of these Terms and Conditions.   

If you do not agree with all of these Terms and Conditions, then you must cease the use of this website immediately.  

You may print and keep a copy of these Terms and Conditions. They are a legal agreement between us and you and can only be modified with our written consent. We reserve the right to change these Terms and Conditions at any time at our discretion, by publishing an amended version of these Terms and Conditions on this website.

2. Acceptable Use    

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; or in any way which is illegal, unlawful, fraudulent or harmful, or in connection with any illegal, unlawful, fraudulent or harmful purpose or activity.

You must not use our website to copy, host, store, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, worm, Trojan horse, keystroke logger, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent. 

3. Restrictions on use

This website contains copyright material and other proprietary information, including but not limited to graphics, text, software, photos, and may in future include video, music and sound. The entire contents of the website are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, co-ordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part, except as provided in these terms.

You will comply in your use of this website with all laws applicable to you and with all reasonable instructions that we issue to you (in any form and by any means).

4. Copyright

All content included on this website is the property of Kirsten Boston Artist or its content suppliers and is protected by UK and international copyright laws. The software and content on this website may be used as an information and shopping resource. Any other use, including the reproduction, modification, transmission, distribution, republication, display or performance, of the content on this website without the permission of Kirsten Boston Artist is strictly prohibited. Without prejudice to the foregoing generality, the copyright covers all images and art prints purchased or featured on the Kirsten Boston Artist website.

5.​ Content you provide to us  

There may be opportunities for you to send feedback to us. You understand and agree that your feedbackmay be viewed by other users on this website, and that they may be able to see who has posted that feedback.   

You further agree that we can use your feedback for any other purposes whatsoever in perpetuity without payment to you, and combine your feedback with other content for use within this website and otherwise. We do not have to attribute your feedback to you. 

6. Authority to purchase from this website

Customers warrant that they have the authority and legal capacity to purchase material from Kirsten Boston Artist in their own name. 

7. Errors, inaccuracies and omissions

We do our best to ensure all information on this website is accurate. If you find any inaccurate information on this website please let us know and we will correct it, where we agree that it is inaccurate, as soon as practicable.  We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

Occasionally there may be information on this website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on this website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in this website should be taken to indicate that all information in this website has been modified or updated.

We reserve the right to modify, restrict access to or close this website, or any part of it, at any time.

8.​ Disclaimer/Limitation of Liability     

You agree that your use of this website and our services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with this website and our services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

We make no warranties or representations about the accuracy or completeness of this website’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

The limitations and exclusions of liability set out in this paragraph and elsewhere in these Terms and Conditions: govern all liabilities arising under the Terms and Conditions or in relation to the subject matter of the Terms and Conditions, including liabilities arising in contract, in delict (including negligence) and for breach of statutory duty.

This website and the information and services on this website are provided free-of-charge and as suchwe will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, revenue, income, production, use, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any special, indirect or consequential loss or damage. 

9. Legal Jurisdiction and Dispute Resolution

Scots law will 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 those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts. The place of performance of the agreement made on these Terms and Conditions will be Scotland.

We make no warranty or guarantee that this website or information available on or through it complies with laws other than Scots law.

10. General

Failure by us to enforce a right does not result in waiver of such right.

If any of these Terms and Conditions are held to be invalid or unenforceable by any court having authority to determine such issues, the remaining terms of this agreement will not be affected.

You may not assign or otherwise transfer your rights or obligations under this agreement, nor sub-license your rights, nor sub-contract your obligations under this agreement.

These Terms and Conditions and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and govern your use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

11. Breach of the Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing the website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing court proceedings against you. 

12. Indemnification

You agree to indemnify, defend and hold harmless Kirsten Boston Artist and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13.​ Exclusion of third party rights

These Terms and Conditions are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party. 

14. Variation

You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

15.​ Online Payment Terms

Using our secure payment system, your payment will be processed and you will be issued with a payment confirmation receipt e-mail. By making a payment using the online payment facility, you agree to be bound by these terms, and any other terms applicable to the online payment facility. If you do not accept these terms and other such applicable terms, then you should not use the online payment facility.

Any payment made using the online payment facility normally takes a minimum of two working days to reach our account. 

Payments made using the online payment facility can only be accepted by us with authorisation from the cardholder. By making a payment using the online payment facility, you confirm that you are either the cardholder, or you otherwise have the cardholder’s permission to make the payment. 

We accept all major credit/debit cards, including Visa Credit, Visa Debit, MasterCard, MasterCard Debit, MasterCard Electron and American Express

When using our online payment facility, you will be redirected to a site powered by Stripe who will process your payment card details and take payment. For more information on Stripe please visit https://stripe.com/en-gb.

Any personal information which is entered in the online payment facility will be used in accordance with our Privacy Policy. However, in order for Stripe to process your payment, we will need to share certain information that you provide to us with Stripe.

Your payment card details are handled exclusively by Stripe and are not stored within our system.

For more information on how Stripe will process your card details, please view its privacy policy. For the avoidance of doubt, by agreeing to these Terms, you also agree to be bound by the terms of Stripe’s privacy policy.

If you have any queries regarding our online payment facility, including any payments made using our online payment facility, please contact us by email info@kirstenboston.com.

16.​ Contact information

Questions about these Terms and Conditions should be sent to us at info@kirstenboston.com.