Terms and conditions
These terms and conditions are the contract between you and AJRJacksonArt (“us”, “we”, etc). By using or visiting AJRJacksonArt, you agree to be bound by them.
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
I / We are AJRJacksonArt.com
You are: Anyone who uses AJRJacksonArt.
Please read this agreement carefully. If you do not agree with it, you should leave AJRJacksonArt immediately.
In this agreement:
“Carrier” means any person or business contracted by us to carry Paintings or Prints from us to you.
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means any content in any form published on AJRJacksonArt by us or any third party with our consent.
“Paintings or Prints” means any of the Paintings or Prints we offer for sale on AJRJacksonArt, or, if the context requires,
Paintings or Prints we sell to you.
“AJRJacksonArt” means any website of ours, and includes all web pages controlled by us.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to AJRJacksonArt, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
Our contract with you
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use AJRJacksonArt in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Because we rely on suppliers, we do not guarantee that Paintings or Prints advertised on AJRJacksonArt are available. We may change these terms from time to time. The terms that apply to you are those posted here on AJRJacksonArt on the day you order Paintings or Prints.
The price of Paintings or Prints may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Paintings or Prints.
If in future, you buy Paintings or Prints from us under any arrangement which does not involve your payment via AJRJacksonArt; these terms still apply so far as they can be applied.
We do not sell the Paintings or Prints in all countries. We may refuse to deliver the Paintings or Prints if you live in a country we do not serve.
Acceptance of your order
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Paintings or Prints to you. (At any point up until then, we may decline to supply the Paintings or Prints to you without giving any reason).
Your order is an offer to buy from us. We shall accept your order by (e-mail confirmation). That is when our contract is made. (Our message will also confirm details of your purchase and tell you when we shall despatch your order).
If we do not have all of the Paintings or Prints you order in stock, we will offer you alternatives. If this happens you may:
a) accept the alternatives we offer;
b) cancel all or part of your order.
Price and payment
The price payable for the Paintings or Prints that you order is clearly set out on the AJRJacksonArt website.
It is possible that the price may have increased from that posted on AJRJacksonArt. If that happens, we will not despatch the Paintings or Prints until you have confirmed that you wish to buy at the new price.
Prices include UK value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted from the delivery charge.
Bank 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.
If, by mistake, we have under-priced Paintings or Prints, we will not be liable to supply that those Paintings or Prints to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Paintings or Prints does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of AJRJacksonArt before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
Security of your credit card
We take care to make AJRJacksonArt safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
Cancellation and refunds
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
We now inform you that information relating to all aspects of our Paintings or Prints is not in this document but in our marketing material, whether that is in the medium of AJRJacksonArt or in hard copy.
The following rules apply to cancellation of your order:
a) If you have ordered an original painting/paintings, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
b) If you have ordered an original painting/Paintings, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the paintings/painting back to us within that same 14 day period.
We will return your money subject to the following conditions:
a) we receive the original painting/paintings in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
b) you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
The option to cancel your order is not available:
a) If request to return and refund exceeds the maximum 14 day time limit or does not meet correct returns procedure.
b) If original paintings returned are defaced or unexplainably damaged.
c) If you have ordered prints that are made to order.
All prints are made to order and therefore, all sales are final and there are no returns or exchanges. You are responsible for the cost of returning the Paintings or Prints. We have no obligation to refund to you, your cost of re-packing and returning the Paintings/painting. In any of the above scenarios, we will return your money within 14 days.
Delivery and pick up
Paintings or Prints are delivered within 30 days from the day you place an order to purchase the Paintings or Prints. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
If we are not able to deliver your Paintings or Prints within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.We may deliver the Paintings or Prints in instalments if they are not all available at the same time for delivery.
Paintings or Prints are sent by post. We will send you a message by email to tell you when we have despatched your order.
No time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
Foreign taxes and duties
If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Paintings or Prints which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
Your account with us
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 Paintings or Prints.
If you use AJRJacksonArt, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Restrictions on what you may Post to AJRJacksonArt
You agree that you will not use or allow anyone else to use AJRJacksonArt to Post Content which is or may:
be malicious or defamatory;
consist in commercial audio, video or music files;
be illegal, obscene, offensive, threatening or violent;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
solicit passwords or personal information from anyone;
be used to sell any Paintings or Prints or services or for any other commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
link to any of the material specified above, in this paragraph.
send age-inappropriate communications or Content to anyone under the age of 18.
How we handle your Content
If you Post Content to any public area of AJRJacksonArt it becomes available in the public domain. We have no control who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
We need the freedom to be able to publicise our Paintings or Prints and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on AJRJacksonArt, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of AJRJacksonArt and will stop using it after a commercially reasonable period of time.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
Security of AJRJacksonArt
If you violate AJRJacksonArt we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
a) modify, copy, or cause damage or unintended effect to any portion of AJRJacksonArt, or any software used within it.
b) link to AJRJacksonArt in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
c) download any part of AJRJacksonArt, without our express written consent;
d) collect or use any product listings, descriptions, or prices;
e) collect or use any information obtained from or about AJRJacksonArt or the Content except as intended by this agreement;
f) aggregate, copy or duplicate in any manner any of the Content or information available from AJRJacksonArt, other than as permitted by this agreement or as is reasonably necessary for your use of AJRJacksonArt;
g) share with a third party any login credentials to AJRJacksonArt.
Despite the above terms, we now grant a licence to you to:
a) create a hyperlink to AJRJacksonArt for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
b) you may copy the text of any page for your personal use in connection with the purpose of AJRJacksonArt.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
a) your failure to comply with the law of any country;
b) your breach of this agreement;
c) any act, neglect or default by any agent, employee, licensee or customer of yours;
d) a contractual claim arising from your use of the Paintings or Prints;
e) a breach of the intellectual property rights of any person.
a) We will defend the intellectual property rights in connection with our Paintings or Prints and AJRJacksonArt, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
b) Except as set out below, 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.
c) You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
d) Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
a) When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
b) Where we provide Paintings or Prints or Service without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Paintings or Prints for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Paintings or Prints or that service.
c) If any term or provision of this agreement 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.
d) Rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
e) No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
a) This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
b) Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
c) In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
d) The validity, construction and performance of this agreement shall be governed by the laws of England and Wales, Scotland, Northern Ireland.
Definitions and interpretation
Data: collectively all information that you submit to ajrjacksonart via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Data Protection Laws: any applicable law relating to the processing of Personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK:
GDPR: the General Data Protection Regulation (EU) 2016/679:
Ajrjacksonart, we or us: ajrjacksonart 48 Millbank Road Munlochy Ross-shire IV8 8NL
User or you: any third party that accesses the Website and is not either (i) employed by ajrjacksonart and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to ajrjacksonart and accessing the Website in connection with the provision of such services; and
Website: the website that you are currently using, ajrjacksonart.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
a. the singular includes the plural and vice versa;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. "including" is understood to mean "including without limitation";
e.reference to any statutory provision includes any modification or amendment of it;
4. For purposes of the applicable Data Protection Laws, ajrjacksonart is the "data Controller". This means that ajrjacksonart determines the purposes for which, and the manner in which, your Data is processed.
5. We may collect the Following Data, which includes personal data, from you:
b. contact information such as email addresses and telephone numbers;
c. payment details
How we collect Data
6. We collect Data in the following ways:
a data is given to us by you; and
b. data is collected automatically
Data that is given to us by you
7. ajrjacksonart will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or any other means;
b. when you enter a competition or promotion through social media channel;
c. when you make payments to us, through this Website or otherwise;
Data that is collected automatically
8.To the extent that you access the website, we will collect your data automatically, for example;
a. we automatically collect some information about your visit to the Website. This information helps us make improvements to to website content and navigation,and includes your IP address, the date, times and frequency with which you access the website and the way you use and interact with its content.
Our use of Data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our website. Specifically, Data may be used by us for the following reasons:
a. internal record keeping:
b. transmission by email marketing materials that may be of interest to you;
c. contact for market research purposes which may be done using, telephone, fax or mail. Such information may be used to customise or update the website;
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with thiss, you have the right to object in certain circumstances (see the section headed "your rights" below.)
11. For the delivery of direct marketing to you via e-mail, well need your consent, wether via an opt-in or soft opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under soft opt-in consent, we will take your consent as given unless you opt-out.
b. for other types of e-marketing, we are required to obtain your explicit condent; that is, you need to take positive and affirmative action when consenting by, for example, checking a tick box that we will provide.
c. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed "Your rights" below.
Keeping Data secure
12. We will use technical and organisational measures to safeguard your Data, for example;
a. access to your account is controlled by password and a user name that is unique to you.
b. we store your Data on secure servers.
13. Technical and organisational measures include measures to deal with any suspected data breach. If you suspect anymisuse or loss or unauthorised access to your data, please let us know immediately by contacting us at email@example.com
14. If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org Get safe online is supported by HM Government and leading businesses.
16. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
17. You have the following rights in relation to your Data:
a. Right to access - the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is "manifestly unfounded or excessive". Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct - the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase - the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data - the right to "block" us from using your Data or limit the way in which we can use it.
e. Right to Data portability - the right to request that we move, copy or transfer your Data.
f. Right to object - the right to object to our use of your Data including where we use it for our legitimate interests.
18. To make enquiries, excercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via e-mail address: firstname.lastname@example.org
19. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this the Information Commissioners Office (ICO). The ICOs contact details can be found on their website at https://ico.org.uk?.
20. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Links to other websites.
Changes of business ownership and control
23. We may also disclose Data to a prospective purchaser of our business or any part of it.
24. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
27. Unless otherwise agreed, no delay, act or omission by a party in excercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
28. This agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.
you may contact ajrjacksonart by e-mail at email@example.com
25 May 2018
As copyright owner of the artistic work, A.J.R.Jackson Art and Illustration has the following exclusive rights.
Reproduction right, or the right to copy the work
Distribution right, or the right to issue copies of the work to the public
Rental or lending right, or the right to rent or lend the work to the public
The right to communicate the work to the public by broadcasting or electronic transmission
All rights are reserved and anyone violating these rights without express permission of the copyright holder will be prosecuted to the fullest extent of the law.