Terms & Conditions
This Website (the “Website”) is operated by Manifold Editions London Limited (referred to as “Manifold/we/our/us”). As user of this Website (referred to as “you/your”) you acknowledge that any use of this Website including any transactions you make (“use/using”) is subject to our terms and conditions below (which includes any other important sections of the Website referred to herein). In addition, you will find other useful information within our Website.
If you do not agree to these terms and conditions please do not register.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 Information that you provide on this Website (“Personal Information”) must be true, accurate, current and complete.
1.3 The online store is available for non-commercial and domestic use only. We reserve the right to refuse orders from businesses, or those that we consider are for commercial or other non-domestic concerns.
1.4 We restrict the number of prints from each edition that a customer can purchase in order to fairly enable as many customers as possible the opportunity to purchase a print.
2. Order process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The ‘checkout’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. We may decline to supply the products to you without giving any reason. We are entitled to withdraw from any contract in the case of errors or inaccuracies regarding the products or the order appearing on the Website.
2.4 We do not file details of your order for you to subsequently access direct on this Website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records.
2.5 All orders are subject to availability and we cannot guarantee the availability of any specific products. In the unlikely event that we discover that the products are unavailable after an order has been placed we shall send you a notification by email giving you the option to modify or cancel the order.
3.1 The products you order will be delivered to the address you give when you place your order, subject to confirmation of your order by us. All products must be signed for by an adult aged 18 years or over on delivery.
3.2 Delivery charges and estimated timescales are specified in the “Delivery & returns” section on this Website.
All artworks ordered from us shall be sent to you via a secure courier service. We make every effort to deliver products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall endeavour to deliver unframed editions within the UK and EU within 7 days after receiving payment from you and outside the EU within 10-14 days of receiving your payment or within such other period indicated at the time you place your order. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.3 Your signature or the signature of your authorised representative over the age of eighteen will be required on delivery of any products.
3.3 Risk of loss and damage of products passes to you on the date when the products are delivered and signed for or on the date of first attempted delivery by us.
4.1 We take payment from your card via Worldpay at the time we receive your order, once we have checked your card or Worldpay details and stock availability. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products. Additional Terms and Conditions for payments made by Worldpay can be found at www.worldpay.com (Manifold is not responsible for the content of external Websites).
4.2 To ensure that your credit, debit, charge card or Worldpay account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
4.3 The price you pay is the price displayed on this Website at the time we receive your order apart from (a) while we try and ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
4.4 Payment can be made by any method specified on the Website.
4.5 Title to any products you order on this Website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.6 All prices are shown in GBP or USD and exclude VAT. Any applicable sales tax and delivery charges will be calculated at checkout according to the delivery address.
4.7 Prices and delivery charges are subject to change without notice.
4.8 Authority for payment must be given at the time of placing your order.
5. Returns and Cancellations
5.1 Every effort will be made to deliver the products within the time periods specified above. If we are unable to deliver the products within 30 days of receiving your order, we will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or re-credit for any sum that has been paid by you or debited from your credit card for the products.
5.2 You may cancel your contract with us at any time up to the end of seven working days after the date of delivery provided you notify us or have returned the products to us within that time. Except in cases of faulty, damaged or wrongly supplied products you shall be responsible for the cost of returning products for refund or exchange and we will not refund the delivery charge for sending the item to you. The products must be returned to the address shown below by registered post in the existing packaging in an unused and otherwise re-saleable condition. You must take reasonable care to ensure the products are not damaged whilst in your possession or in transit. Once you have notified us that you are cancelling the contract, we will refund or re-credit you within 30 days of receiving notice of such cancellation for any sum that has been paid by you or debited from your credit card for the products provided we have received the products back.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights without limitation in the products, Website design, text, graphics, images, the selection and arrangement thereof and all software compilations, underlying source code including applets and in all other materials and/or content made available as part of your use of this Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. Copying or storing the contents of the Website is prohibited. All rights expressly reserved.
6.2 You acknowledge and agree that the material and content contained within this Website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Website for the purchase of products. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, although we will use reasonable endeavours to verify the accuracy of any information on the site we make no warranties whether express or implied in relation to its accuracy. The site is provided on an “as is” and “as available” basis and we make no representation or warranty of any kind expressed or implied regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
7.8 If the products supplied to you are in any way defective or you have any other complaint about the products, you should contact Manifold Editions immediately by phone or notify by email in accordance with our contact details.
7.9 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.
8. Privacy Statement
8.1 We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all and future applicable UK Data Protection and consumer legislation.
8.3 You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
8.4 We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, will be held in accordance with any registration we may be required to make with the Data Commissioner’s Office. We use your information for:
– Processing your orders
– For statistical or survey purposes to improve this Website and its services to you;
– To serve website content and advertisements to you;
– To administer this Website;
– If you consent, to notify you of products or special offers that may be of interest to you.
8.5 You agree that you do not object to
us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
8.6 You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing us at email@example.com or telephoning us on +44 (0)20 7370 7202.
8.7 Your Personal Information may be disclosed to other businesses within our group of companies and to reputable third parties who will help process your order. We require all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of the Manifold group of companies for mailing or marketing purposes.
8.8 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
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9. Miscellaneous Provisions
9.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
9.2 We shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9.3 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, products or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources,nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, products or other materials or services available on such external websites or resources.
9.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us.
9.5 We reserve the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions or any related contract to any third party.
9.6 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
9.7 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts Rights of Third Parties) Act 1999) except:
a) a person who is a permitted successor or assignee under Section 9.5 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section 9.5 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
9.8 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Manifold.
9.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and us relating to the use of this Website (including the order of products) and sets forth the entire agreement and understanding between you and us for your use of this Website. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the terms and conditions.
9.10 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Manifold Editions, 110a Warner Road, London, SE5 9HQ
Tel: + 44 (0) 20 7370 7202