Terms and conditions
These terms and conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase goods.
We are: HamawiArt.com is a division of B A C Productions.
You are: visitor to our website / our customer
1 Definitions
In this agreement:
"Carrier" means any person or business contracted by us or our artists to carry goods from us to you, whether all or part of the distance.
"Our website" means the entire computing hardware and software installation that is or supports our website.
"Goods" means any of the goods we offer for sale on our website
"Content" means information in any form published on our website by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to our website; and
2.1.2 in any event to you as a buyer or prospective buyer of our goods.
2.2 Goods advertised may not be available.
2.3 We shall accept your order by e-mail confirmation or by direct payment via our website. Our message will also confirm details of your purchase and tell you when we shall dispatch your order. That is when our contract is made.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods.
2.5 All descriptions and sizes of goods are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement.
2.6 If the goods you order are not available, we will offer you alternatives before we dispatch your order. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel your order;
2.6.3 leave the order valid, but tell us to omit the out-of-stock item.
2.7 If we owe you money (for this or any other reason), we will credit you as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.8 Goods are at your risk from the moment they are picked up by the carrier from our artists.
2.9 Your contract is with us, not our artists. You may correspond with or communicate with our artists regarding sales of goods, returns, commissions or refunds but only if such correspondence is also forwarded to us.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.3 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 We will use our reasonable endeavors to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.
5 Delivery
5.1 Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
6 Disclaimers
6.1 We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods, at any time and without advance notice.
6.2 You are advised that content may include technical inaccuracies or typographical errors.
6.3 We give no warranty and make no representation, express or implied, as to:
6.3.1 the adequacy or appropriateness of the goods for your purpose.
6.3.2 the truth of any information given on our website;
6.3.3 any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose;
6.3.4 compatibility of our website with your equipment software or telecommunications connection.
6.3.5 compliance with any law;
6.3.6 non-infringement of any right.
6.4 Our website may contains links to other internet web sites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such website.
6.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.
6.6 In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
7 Content and Intellectual Property Rights
7.1 Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider.
7.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.
7.3 You may not download or copy the content for any use, personal or otherwise.
8 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
9 Contractual Limitation
Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.
10 Rights of third parties
Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the contracts (Rights of Third Parties) Act 1999.
11 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
12 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
14 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
15 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England.
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