Terms and Conditions

 

Application and Termination

Please read these Terms of Use carefully before using the Blue Scar Art Web site. When you use Blue Scar Art website, you agree to be legally bound by these Terms and Conditions of use.

These terms and conditions may be changed or terminated by Blue Scar Art without notice, for any reason and at any time. You accept that Blue Scar Art has no obligation to inform you of any changes to these terms and conditions.

 

Copyright

 All content on the Blue Scar Art website, including text, graphics, logos, button icons, images, audio clips, video clips, PDF documents, software, trademarks, and any other intellectual property rights shall remain at all times vested in Blue Scar Ltd or its content suppliers and is protected by United Kingdom and International Copyright Laws. As users of the Blue Scar Art web site, you acknowledge that the individual artists are the owners of the copyright in the artworks and images and other copyright material that appears on the website under their name. You agree that the copyright for all paintings remains with the artist; the buyer is purchasing the original not the right to produce prints for publication. If publication rights are required the buyer should contact Blue Scar Art for prices and terms. Blue Scar Art will make the required arrangements with the artist in question. You agree that the content of Blue Scar Art website may only be downloaded or copied for personal and educational use. You agree not to copy or reproduce any such copyright material (in whole or in part) for any commercial use and that any such use of the content of the site is strictly prohibited. Prior written consent and appropriate acknowledgment of the copyright owner is required, if material is re-published in any format. All requests must be made in writing to: Stuart Bartz, Blue Scar Ltd, 6 The Walk, Merthyr Tydfil, CF47 8RS.

 

In the event that there is any dispute between us in relation to this issue, you agree that until the matter is resolved, an interim injunction to prevent any further use or distribution of the image will be an appropriate remedy until a final hearing where a court will make a decision based on all the facts.

 

Trademarks and Logo

Blue Scar Art website its Logo and contents belong to Blue Scar Ltd. A company registered in the UK. No rights are granted to use any of them without the written permission of Blue Scar Ltd.

Links to other sites

Blue Scar Art may provide a link from its site to other independent websites, these are provided for your information only.

Blue Scar Art takes no responsibility for the content of other web sites accessed through links from Blue Scar Art web site. If you access these sites you will be bound by any copyright or legal restrictions posted on these sites.

You agree that any dealings or purchases of goods or services made with a linked site or any third party by you through this Site shall be subject to the terms and conditions of that site and /or third party and that Blue Scar Art will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and that site and/or third party.

 

Disclaimer of Warranties and Liability

You agree that your use of the Blue Scar Art website, the content and any products or services purchased on or through the Blue Scar Art website is at your own risk.

Blue Scar Art does not warrant, or make any representation regarding the use of this website, nor do we warrant or make any representation in terms of accuracy, correctness, reliability or otherwise, of content herein.

Blue Scar Art makes no warranty that the content and images of individual Artists displayed in the artist’s galleries will not infringe the rights of others and we assume no liability or responsibility for errors or omissions relating to such materials.

Blue Scar Art its agents, officers, employees and any person involved in the creation, production and distribution of this website, and shall not be liable for:

any claims, liability, or direct/indirect, punitive, actual, incidental, consequential, special, exemplary or other damages resulting from your purchase of any product or services on the Blue Scar Art website, or from any use of any content or systems.

any defects, delays in operation, transmission failure, system downtime, or other failure or performance on the Blue Scar Art website or the Internet.

any advice, recommendation, representation or other information given by us concerning the products, which is not confirmed in writing is given on an informal basis and shall not form part of the relationship between us.

any use of the Blue Scar Art website will be at your own risk and will be subject to the disclaimers and limitations set out above.

You agree that Blue Scar Art may remove or modify any content or functionality at any time, without notice or liability.

 

Indemnification

You will indemnify and hold harmless Blue Scar Art and Blue Scar Ltd, it’s officers and directors from and against any and all actions, claims, costs, expenses, losses and damages (including all legal costs) constituting and arising out of any breach of any of the terms and conditions, or any activity relating to your use of the Site (including negligent or wrongful conduct) including and without limitation from your placement or transmission of any content onto the Blue Scar Art website and/or hosting servers.

 

Submissions to Blue Scar Art website

You may only use the Blue Scar Art website and their contents for lawful purposes and in accordance with UK law. You are prohibited from storing, distributing or transmitting any unlawful material through the Blue Scar Art website. You agree that if a third party claims that material you have contributed to the Blue Scar Art website is unlawful or breeches copyright, you will bear the burden of establishing that it is lawful or that you own copyright and that you may, in the event of a dispute, be asked to delete the submitted work until the dispute is resolved.

 

Purchasing and Artwork

 

Ordering

When you find the artwork you want, you can click;buy this piece, which is then put in your shopping cart. When finished, you may click on the shopping cart to go to the checkout.

 

Payment

Customers can pay by credit or debit card, PayPal or a bank transfer from account to account.

Delivery will only occur after full payment has been received and cleared.

If the payment has not cleared within seven days of the order being received the order will be cancelled.

Full payment includes shipping, packaging, delivery insurance and sales taxes.

 

Availability    

All artwork is subject to availability and is sold on a first come first served basis. If a piece of art becomes unavailable after the order has been received and money cleared, the unsuccessful purchaser will receive a full refund and will be notified by email.

 

Delivery

The art will be delivered to the address submitted by the buyer on the order form on the website.  

Once delivered, the buyer will own the artwork and will be responsible for any loss or damage.

The buyer must check the condition of the artwork on delivery and if it is damaged on arrival the buyer must refuse delivery at this point.

 

 

If the buyer accepts the goods then the artwork is deemed to have been delivered in good condition and any damaged thereafter is considered the responsibility of the buyer.

 

If the buyer refuses delivery for anything other than obvious damage then Blue Scar Art reserves the right to deduct delivery and return costs from any refund.

 

Severability
In the event that any term of this agreement is held to be unenforceable or invalid by judicial decree or decision, the remainder of this agreement shall remain valid and enforceable.  

 

Governing Law

These Terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. All parties agree to submit to the exclusive jurisdiction of these courts. These General Terms & Conditions of Use set forth the entire agreement regarding all of the matters discussed herein. Blue Scar Art reserves the right to change these Terms and Conditions at any time, we recommend that you check from time to time for any changes or updates.

We reserve the right to terminate this agreement at any time without notice for any reason. These Terms of Use were last updated on 26th March 2008.