Terms and Conditions

Welcome to Rusty Wave Metal Art!

These terms and conditions apply between you, the User of this Website (including any sub-domains unless expressly excluded by their own terms and conditions) and the Rusty Wave Metal Art Website, located at https://www.rustywavemetalart.co.uk.

Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By accessing this website, we assume you accept these terms and conditions. Do not continue to use Rusty Wave Metal Art if you do not agree to be bound by all of the terms and conditions stated on this page.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Rusty Wave Metal Art and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions you represent and warrant that you are at least 18 years of age.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Rusty Wave Metal Art, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

Intellectual Property and Acceptable Use:

All Content included on the Website, unless uploaded by Users, is the property of Rusty Wave Metal Art. Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without prior written permission.

You may access Content from Rusty Wave Metal Art for your own personal, non-commercial use subjected to restrictions set in these terms and conditions.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without written permission.

Prohibited Use

You may not use the Website for any of the following purposes:

in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to Other Websites:

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Rusty Wave Metal Art. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and Disclaimers:

Any online facilities, tools, services or information that is available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatability and satisfactory quality. We are under no obligation to update information on the Website.

Whilst we use reasonable endeavours to ensure the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

We accept no liability for any disruption or non-availability of the Website. We reserve the right to alter, suspend or discontinue any part (or the whole) of the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to appy to any modified version of the Website unless it is expressly stated otherwise.

Limitation of Liability:

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

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

To the maximum extent permitted by law, Rusty Wave Metal Art accepts no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
loss or corruption of any data, database or software;
any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interepreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Terms and Condition of Sale for Items Purchased Online and by Phone:

In these terms and conditions of sale the expression “The Seller” or “Seller” means Rusty Wave Metal Art And the “Purchaser” means the company, firm or persons to whom the goods are supplied by the Seller.
No description of goods by the Seller in any leaflet, catalogue or other written matter shall constitute a contract of sale of goods by description for the purposes of the Sale of Goods Act 1893 and the Sale of Goods Act 1979.
Product variations. Due to the handmade nature of goods, items may differ to the images shown on the website and/or on other printed material. The customer understands that different monitors, screens and printers can render colours differently and that these variations are not a fault of the product itself. The customer accepts the potential of this arising. We recommend arranging a viewing of the item by contacting us before purchasing, should potential variations cause issues for you.
Any reference to weights and dimensions or performances contained in any catalogue, leaflet or other written matter by the Seller are approximate only.
Incorrect pricing and listing information. Our sale of goods agreement is not formed until the goods are dispatched successfully to the customer. Up until dispatch, if an item is under-priced or mispriced as a genuine mistake, the Seller reserves the right to cancel an order or offer you the item at the correct price. At this point, you have the option of proceeding at the correct price or cancelling the order.
Customers are reminded to satisfy themselves that the goods they are purchasing are suitable before completing an order. No responsibility is placed upon the company for making an incorrect order.
For commission items, once a customer has instructed us to prepare, or modify an item in any way, they are obliged to take it once it has been completed. Once work has begun for commissions, custom or modified items, we cannot accept cancellations or exchanges. If you do wish to cancel your commission, custom or modified order, any costs associated with said modifications will need to be recovered through the customer’s deposit or initial payment before any refunds can be issued. If the item has already been delivered, checked, and signed for, the customer is also responsible for returning it back to us safely at their own cost. Refunds will be discussed and organised on a case-by-case basis.
Deposits taken against orders. All deposits are taken in good faith. Should our circumstances change, then part or full refunds are offered. At no time do we accept requests for compensation or interest, regardless of the deposit value.
The Seller shall not be responsible for any consequence of non-delivery or late delivery of goods due to any causes (such as weather, fire, strike, miss-communications, government control or shortages of (materials/labour). Please note this list is not exhaustive and only includes some of the most common consequences of non-delivery or late delivery. Delivery dates are always subject to change.
Your order will be dispatched from Great Britain.
Due to the automatic nature of the carriage calculation system, we reserve the right to contact the customer and alter the carriage cost if the cost is higher than the carriage charged.
The Seller will not accept any claim relating to the condition or quantity of goods delivered unless formal written notice of any such claim is received by the Seller within 48 hours of the delivery date. Communication must be made by email to rustywavemetalart@gmail.com.
Third-Party Delivery Liability: All deliveries are performed by independent third-party carriers. Consequently, Rusty Wave Metal Art accepts no liability for damage to any property (including, but not limited to, real estate, vehicles, or landscaping) caused during the delivery process. Any claims for property damage must be filed directly with the responsible courier service. By placing an order with us, you explicitly acknowledge and accept that Rusty Wave Metal Art is not liable for such damages and agree to direct any claims solely to the carrier involved.
It is the customer’s responsibility to thoroughly check delivered goods. Should you become dissatisfied with an item or commission after it has been received, it becomes the customer’s responsibility to organise the safe return of said item. You must contact Rusty Wave Metal Art immediately to discuss your concerns before sending any items back to the Seller. Once approved and agreed upon by the Seller, the return of your item will follow the same procedure as stated throughout this section and in our associated Delivery, Returns and Refund policy.
All prices shall be subject to increase in the event of increases in wages or raw materials occasioned by government act or regulation and any other relevant increase occurring before completion of any order. We reserve the right to remove certain products from offers without notice. All discounts are given at the Seller’s discretion.
Whilst we always go above and beyond to fully satisfy our customers, we cannot offer or participate in compensation claims.
We are not responsible for any costs or damages associated with a product’s use and/or misuse whether the product is faulty or otherwise.
Rusty Wave Metal Art is not responsible for any loss, damage or injury in any form associated with the purchase and/or supply of goods, including goods not being as expected.
Acceptance of an order takes place when the order has been dispatched from The Seller.
We are not responsible for damages caused by customer elected couriers.

Payment Methods:

We accept payment via PayPal.

Owner Details:

Edward Neal of 2 Tredown Cottages, Cornwall, PL15 9NN operates the Website https://www.rustywavemetalart.co.uk. You can contact Edward Neal by email on rustywavemetalart@gmail.com.

Attribution:

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).