Kate Burns — Terms

ON THIS PAGE YOU WILL FIND…
• TERMS AND CONDITIONS OF SALE
• TERMS AND CONDITIONS OF WEBSITE USE

Terms and conditions of SALE

1. Introduction

1.1   These terms and conditions shall govern the sale and purchase of products through our website.
1.2   You give your agreement to these terms and conditions before you place an order on our website.
1.3   This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. Interpretation

2.1 In these terms and conditions:

(a) "we" means Kate Burns; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.

3. Order process

3.1   The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2   No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3   To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; complete your delivery information and card payment details; confirm delivery method; confirm your order; by confirming your order you agree to our Terms and Conditions; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

4. PRODUCT REPRESENTATION

4.1 Products shown on our website are photographs of original artwork.
4.2 Due to the nature of photographs and the display of images on a computer screen, images shown may not be an exact representation of the product.
4.3 We do not guarantee the image and physical product to be exactly the same. Although every effort has been made to display the closest representation of the artwork, the colours, definition and texture of the original artwork may differ from the image shown.
4.4 By making a purchase on the website, and therefore entering into a contract, you agree and accept there may be differences between the image shown and the physical product.

5. Prices

5.1   Our prices are quoted on our website.
5.2   We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3   It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.4   In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6. Payments

6.1   You must, during the checkout process, pay the prices of the products you order.
6.2   Payments may be made by credit or debit card.
6.3   If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4   If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)   an amount equal to the amount of the charge-back;
(b)   all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c)    an administration fee of GBP 25.00 including VAT.
And for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7. Deliveries

7.1 Our policies and procedures relating to the delivery of products are set out in our delivery policy document.

8. Limitations and exclusions of liability

8.1 Nothing in these terms and conditions will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;
(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)    limit any liabilities in any way that is not permitted under applicable law; or
(d)   exclude any liabilities that may not be excluded under applicable law,
And, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

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

9. Variation

9.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
9.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

10. Assignment

10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

11. Entire agreement

11.1 These terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

12. Law and jurisdiction

12.1 These terms and conditions shall be governed by and construed in accordance with English law.
12.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

Terms and conditions of WEBSITE use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you make a purchase on our website we will ask you to expressly agree to these terms and conditions.

2. Copyright notice

2.1 Copyright (c) 2024 Kate Burns.
2.2 Subject to the express provisions of these terms and conditions:

(a) we own and control all the copyright and other intellectual property rights in the material on our website; and
(b) all the copyright and other intellectual property rights in the material on our website are reserved.

3. Permission to use website

3.1   You may ONLY view pages from our website in a web browser.
3.2   You must NOT download any material from our website or save any such material to your computer.
3.3   You may ONLY use our website for your own personal purposes; you must NOT use our website for any other purposes.
3.4   Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5   Unless you own or control the relevant rights in the material, you must not:

(a)   republish material from our website (including republication on another website);
(b)   sell, rent or sub-license material from our website;
(c)    show any material from our website in public;
(d)   exploit material from our website for a commercial purpose; or
(e)   redistribute material from our website.

3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a)   use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b)   use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)    hack or otherwise tamper with our website;
(d)   probe, scan or test the vulnerability of our website without our permission;
(e)   circumvent any authentication or security systems or processes on or relating to our website;
(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

5. Products

5.1   The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2   We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3   Prices stated on our website may be stated incorrectly.
5.4   The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

6. Limited warranties

6.1 We do not warrant or represent:

(a)   the completeness or accuracy of the information published on our website;
(b)   that the material on the website is up to date;
(c)    that the website will operate without fault; or
(d)   that the website or any service on the website will remain available.

7. Breaches of these terms and conditions

7.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)   send you one or more formal warnings;
(b)   temporarily suspend your access to our website;
(c)    permanently prohibit you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or

7.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.

8. Trade marks

8.1 KATE BURNS, our logo and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

9. Variation

9.1 We may revise these terms and conditions from time to time.

10. Entire agreement

10.1 These terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

11. Law and jurisdiction

11.1 These terms and conditions shall be governed by and construed in accordance with English law.
11.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.