In these Terms and Conditions ‘we’, ‘our’, or ‘us’ refers to Fife Contemporary.
Acceptance of Terms
By accessing the content of www.fcac.co.uk (‘the website’) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy. If you object to any of the terms and conditions set out in this agreement you should not use the website and leave immediately.
You agree that you shall not use the website for illegal purposes, and will respect all applicable laws and regulations.
You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the website.
You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
Modification
Fife Contemporary reserves the right to change any part of this agreement without notice and your use of the website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms & Conditions of this agreement.
Fife Contemporary has complete discretion to modify or remove any part of this site without warning or liability arising from such action.
Limitation of Liability
Fife Contemporary will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the website.
Copyright
All intellectual property of Fife Contemporary such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the website remain the property of Fife Contemporary.
By using the website you agree to respect the intellectual property rights of Fife Contemporary and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the website.
Disclaimers
Fife Contemporary takes every precaution to check that the information contained within the website is accurate & up to date. However as this cannot be guaranteed, any person using the information, does so at their own risk. The accuracy of any information should always be checked before acting on it. We do not guarantee uninterrupted availability of the website and cannot provide any guarantee that using the website will be error free.
Third Parties
The website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
Governing Law and Jurisdiction
The website is controlled and operated by Fife Contemporary, located in Scotland. The laws of Scotland govern these terms & conditions. We do not guarantee that materials in the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Definitions
The following expressions shall have the following meanings when interpreting these Terms:
• ‘Customer’ refers to the user or buyer purchasing a product from treat store/Fife Contemporary;
• ‘Agreement’ refers to the contract between Fife Contemporary and the Customer to which these conditions will apply; and
• ‘Product’ refers to the craft item, printed item (eg exhibition publication) or artist multiple that Fife Contemporary will market through the Shop.
Payment
All online transactions are in £ GBP and are processed by PayPal. PayPal provides a secure purchasing environment online and handles all credit and debit card payments.
PayPal accepts all major credit and debit cards including: Mastercard, Maestro, Visa, Visa Debit, Visa Electron, American Express, and Solo.
Once your order is complete and you successfully submit payment via PayPal, you will receive an email confirmation of your order from both Fife Contemporary and PayPal. The latter means that your bank has authorised the transaction.
Charges
Customs and tax charges may be applicable for shipping to countries outside the European Union (EU). Fife Contemporary endeavour to put the correct customs clarifications / commodity codes on parcels. However, we cannot be held responsible for import duties and charges.
EU Member States (as of October 2014) include: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Intellectual Property & Copyright
All intellectual property including all trade marks, trade names, patents and registered designs distributed by the Supplier will remain the Supplier’s intellectual property. Any design produced by a Supplier carries a copyright and cannot be reproduced without written consent.
The Customer will not hold Fife Contemporary responsible for any infringement of copyright relating to copy contained within a Product.
It is the Supplier’s responsibility to ensure that any product design is lawful and does not infringe any copyright or any other laws.
Alterations to Terms of Business
Fife Contemporary reserves the right to alter these Terms without notice at any time and will replace the Terms on our Site when we do so.
Consumer Contract Regulations
These replaced the Distance Selling Regulations in 2013. Fife Contemporary complies with all distance selling regulations. Distance selling means selling and buying by phone, mail order, via the internet or digital TV. Such transactions are covered generally by normal buying and selling legislation, but they are also covered by special distance selling regulations. Distance selling regulations give protection to consumers who shop by phone, mail order, via the internet or digital TV.
The protection includes:
• the right to receive clear information about the seller, including a geographical address;
• the right to receive clear information about goods and services before deciding to buy;
• confirmation of this information in writing;
• a cooling off period of seven working days in which the consumer can withdraw from the contract (except with regard to commissioned items); and
• protection from credit card fraud.
Information for consumers about online shopping is available from many sources, including the Consumer Direct Site and the Office of Fair Trading, as well as consumer organisations, magazines and other media.
Force majeur
Where Fife Contemporary is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Supplier’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, the date of delivery shall be postponed for the period that the circumstances continue.
Law
These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of Scotland.
Please also see our Delivery & Returns and Privacy Policy information.
