Terms of Service
These terms outline the basis on which you may use our website, www.onenineeightfive.co.uk, or contact us via email, social media or phone, to browse or purchase goods and/or services as a guest or a registered user. These terms include:
- Your legal rights and responsibilities;
- Our legal rights and responsibilities; and
- Certain key information required by law.
DEFINITIONS:
- “Terms” refers to Terms of Service
- “We” “us” or “our” refers to One Nine Eight Five.
- “Website” refers to www.onenineeightfive.co.uk
- “Artist” or “Artists” refers to the artists listed on our Website.
- “Service” or “Goods” refers to anything used or bought on our Website
- “You” or “your” refers to any person using our Website.
If you have any questions about these terms or any orders you have placed, please email us at [email protected].
INTRODUCTION
This Website is operated by One Nine Eight Five. Please carefully review these Terms of Service before using the Website or placing an order. Use of our Website includes accessing, browsing, purchasing, downloading, or registering on our Website. By using our Website or making a purchase, you agree to be legally bound by these terms.
When purchasing goods or using Services on our Website, you are also agreeing to:
– Any amendment, modification, or variation of these terms. If any part of these Terms is found invalid, the remaining terms will still apply.
– The email confirmation of your order.
– Any additional terms listed on the relevant product page.
– The specific terms of each Artist. You can view these specific terms on the relevant product page.
All the above documents form part of these Terms as set out here in full. These Terms of Service apply to all users of the Website, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.
You may review the most current version of the Terms of Service at any time on this page. It is your responsibility to periodically check for changes. Continued use of the Website following the posting of any changes constitutes your acceptance of those changes.
Please note that these Terms are available only in English. No other languages will apply to these Terms.
If you do not agree to these Terms of use, you must refrain from using our Website.
USE OF THE WEBSITE
By using our Website, you agree to be bound by these Terms. If you do not agree with any provision, you should stop using the Website immediately.
You acknowledge that you are solely responsible for any costs and expenses incurred through your use of the Website.
We may modify, suspend, or terminate the Website at any time.
While we strive to ensure the Website is available for use, we cannot guarantee it will always be available or that use will be uninterrupted. We are not liable for any periods of Website unavailability.
As a condition of your use of the Website, you agree not to:
– Use the Website for unlawful purposes or in violation of these Terms, including acts of fraud.
– Disrupt the operation of the Website or any associated businesses or websites.
– Promote unlawful activity or engage in phishing.
– Misrepresent our endorsement of any business, product, or service unless agreed by us in writing.
– Attempt to bypass authentication methods.
– Introduce harmful materials like viruses or perform denial-of-service attacks.
– Attempt unauthorised access to our Website, servers, or any connected databases.
The intellectual property rights in the Website, including text, images, logos, designs, video, audio, and other multimedia content, are owned by us and our Artists. You may not copy or use this content for commercial purposes without a license from the legal owner.
You agree not to tamper with or remove any notices on the Website, particularly those related to intellectual property rights or security technology embedded within the Website.
You may not create a link to our Website from another site without our prior written consent. We reserve the right to request the immediate removal of any link to the Website.
You may not use our trademarks, logos, or trade names without our prior written consent under any circumstances.
If we suspect a breach of security or misuse through your account, we may notify you, request a password change, or suspend/terminate your account immediately.
We do not guarantee that the Website is appropriate or available for use outside the UK. If you choose to access the Website from outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws.
CHANGES TO TERMS OF SERVICE
Our Terms of Service may be updated periodically (e.g. to reflect changes in technology, our business model, system capacity, or changes to relevant legislation and regulations). Therefore, we ask that you accept our Terms of Service each time you use the Website or make a purchase. Please note that you will not receive separate notification of any changes. The Terms in effect at the time of your purchase will be the applicable Terms.
THIRD-PARTY LINKS
Some content, products, and services available through our Website may include materials from third parties.
Links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or verifying the content or accuracy of these websites, and we do not warrant or accept liability for any third-party materials, websites, or their products and services.
We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or other transactions made in connection with third-party websites. We encourage you to review the policies and practices of these third parties carefully to ensure you understand them before engaging in any transaction. Any complaints, claims, or concerns regarding third-party products should be directed to the third party in question.
Intellectual Property Rights
Our collections are uniquely designed in-house, with the exception of the work of Artists we represent. We reserve all intellectual property rights, except those belonging to our represented Artists, including (but not limited to) copyrights, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights, whether registered or unregistered, anywhere in the world. Unauthorized use is prohibited and may violate copyright, trademark, and other laws. For inquiries, please contact us at [email protected].
Our Website may include links to external sites that we do not control or endorse. These linked sites are subject to their own terms and conditions, including intellectual property rights, which may differ from ours. Access to these linked sites is at your own risk.
Errors, Inaccuracies, and Omissions
We strive to keep the Website up to date and to ensure that all prices, offers, descriptions, and other information regarding the goods are accurate. However, occasional typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability may occur. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or modify information, or cancel orders, if any information on the Website or a related website is found to be inaccurate. This may occur at any time without prior notice, including after you have submitted your order.
PRODUCTS / SERVICES AND THEIR DESCRIPTIONS
We strive to provide accurate product descriptions and images, but variations can occur. We aim for precise colour representation, however slight variations may arise due to your device’s screen display of colour, production and the handmade nature of our products and our Artists work. Please review product details carefully before ordering. For questions, contact us at [email protected].
You are responsible for ensuring that any goods or products ordered via our Website are appropriate for your intended purposes.
Commissions, Made to Order and Bespoke Items
Lead times for these items vary, and estimated production times will be provided when you enquire. We will confirm all production and dispatch dates via email, but please note that these timelines may occasionally change due to unforeseen circumstances, such as supplier delays.
If we are making a product to measurements you have supplied, you are responsible for ensuring that these measurements are correct.
All orders in this category are non-refundable once production has started. We reserve the right to decline requests. For further information, please contact us at [email protected].
Prices and Stock Availability
Prices and stock availability can change without notice. If an item is out of stock, you may opt to be notified when it becomes available. We cannot guarantee restocking of sold-out items. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Service or product.
Offers, Discounts, and Sale Items
Offers and discounts cannot be combined and may be withdrawn at any time. Sale items are non-refundable unless faulty, but they may be exchanged.
Promotion codes are non-transferable and no cash alternative is available.
Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Website. You also agree to promptly update your account details, including your email address, payment information, and credit card numbers with expiration dates, to ensure we can complete your transactions and contact you as needed.
We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to orders placed using the same customer account, credit card, and/or billing and shipping address. In the event that we make changes to or cancel an order, we will attempt to notify you via the email and/or billing address or phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Payment
All prices on the Website are listed in pounds sterling (£)(GBP) and exclude delivery charges.
Accepted payment methods will be displayed during the checkout process. We do not accept cash or cheques.
Full payment is required at the time of purchase. By placing an order, you confirm that the payment method used is yours. If payment is not authorised, we will not be liable for delays or non-delivery of your order. Receipts will be provided upon successful transaction.
All credit card and debit card payments must be authorised by the relevant card issuer. If we do not receive payment or if payment is declined, you acknowledge and agree that we may cancel your order without notice.
We will take all reasonable precautions to ensure the security of your payment information through the use of an encrypted, secure payment mechanism.
Delivery
For full delivery terms, please refer to the following:
- Homeware & Prints: Delivery, Returns & Exchange Policy
- Original Artworks: Delivery, Returns & Exchange Policy
You acknowledge and agree that we are not responsible or liable for any damage or loss caused during the delivery process for any art orders, including but not limited to delays or failures in the delivery of your order, unless you have opted for an insured delivery service.
All products will be delivered by our logistics partner or the Artist’s logistics partner according to the estimated delivery times specified on the Website.
Import Regulations and Duties
If you place an order on our Website for delivery outside of the UK, it may be subject to import duties and taxes, which are applied when the delivery reaches the specified destination. You are responsible for paying all such duties and taxes in addition to the price of your items and any applicable delivery charges.
As we do not control these charges, we cannot predict their amount. We recommend contacting your local customs office for further information before placing your order. You are also responsible for complying with all applicable laws and regulations of the country to which the goods are delivered. Please note that certain items may not be deliverable overseas due to local laws, and it is your responsibility to ensure compliance. We are not liable for any failure to deliver goods due to local legal restrictions or for any breach of laws by you.
Delays Outside Our Control
If the supply of products is delayed due to an event outside of our control, we will contact you as soon as reasonably possible and take steps to minimise the delay. While we will not be liable for delays caused by such events, if there is a risk of a substantial delay, you may contact us to cancel your order and receive a refund for any products you have paid for but have not received. For bespoke orders or items requiring production, refunds will be provided at our discretion.
Returns
Our Returns and Refund Policy is available here:
- Homeware & Prints: Delivery, Returns & Exchange Policy
- Original Artworks: Delivery, Returns & Exchange Policy
Please be aware that certain items may not be eligible for return or refund.
Optional Tools
We may provide you with access to third-party tools over which we have no monitoring, control, or input.
You acknowledge and agree that we offer access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without endorsement. We accept no liability arising from or related to your use of optional third-party tools.
Your use of these tools is entirely at your own risk and discretion. You should ensure you are familiar with and approve the terms on which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website, including the release of new tools and resources. Such new features and services will also be subject to these Terms of Service.
Disclaimer of Warranties and Limitation of Liability
While we strive to ensure the accuracy of the information we provide on our Website from our Artists, we cannot make any guarantees, whether express or implied, about the accuracy, completeness, or up-to-date nature of the information as we rely on the information provided by the Artists.
This also applies to the descriptions of all One Nine Eight Five products and services.
Except for any legal responsibilities that cannot be excluded by law (such as for death or personal injury) or under applicable laws regarding the protection of personal information, we will not be liable for any loss or damage, including but not limited to:
– Losses that were not foreseeable at the time of forming this agreement.
– Losses not caused by any breach on our part.
– Loss of business goodwill, reputation, or opportunities.
– Indirect or consequential losses.
– Business losses or loss of revenue.
– Losses incurred by non-consumers.
In all cases, our maximum liability is limited to the amount you paid for the product in question. We do not guarantee that your use of our Services will be uninterrupted, error-free, or secure, and you accept that the Website and all products and Services are provided “as is” and “as available” without warranties or conditions of any kind, express or implied, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, or non-infringement. Because certain jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such cases will be limited to the maximum extent permitted by law.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. In cases where a provision can be made lawful by deleting or modifying part of it, the provision will apply with the necessary modifications to make it valid.
User Comments, Feedback, and Submissions
When you submit comments, feedback, creative ideas, suggestions, or other materials (whether requested by us or not) via our Website or email, you agree that we may, at any time, use, edit, copy, publish, distribute, or translate such submissions without restriction. You acknowledge that we have no obligation to maintain your comments in confidence, pay you compensation, or respond to your comments.
We may, but are not obligated to, monitor and remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or in violation of any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any third-party rights, including intellectual property, privacy, or personality rights, and that they will not contain harmful material like viruses or other malware that could in any way affect the operation of our business, the Website or any related website. You may not mislead us or others about the origin of your comments. You are fully responsible for the accuracy of any comments and submissions you make, and we assume no liability for anything posted by you or third parties.
Viruses
We strive to ensure that our Website is accurate, up-to-date, and free from harmful software, but we cannot promise that it will always be free from bugs, viruses, or errors. You are responsible for protecting your own systems and data by using appropriate virus protection software.
You must not misuse our Website by introducing malicious software, viruses or attempting to gain unauthorized access to any part of our Website, its servers, or any related database. Any such breaches will be reported to the appropriate authorities, and your access to our Website will be terminated immediately.
Prohibited Uses
In addition to the other prohibitions set forth in these Terms of Service, you are prohibited from using the Website or its content for the following purposes:
– For any unlawful activity.
– To solicit others to engage in any unlawful acts.
– To violate any regulations, rules, laws, or local ordinances.
– To infringe upon our intellectual property or that of others.
– To harass, abuse, insult, defame, or intimidate others.
– To submit false or misleading information.
– To transmit viruses or other harmful code.
– To collect personal information of others without consent.
– To spam, phish, or engage in fraudulent activities.
We reserve the right to terminate your access to the Website for any violations of these prohibited uses.
Personal Information
Your submission of personal information through our Website is governed by our Privacy Policy. It is your responsibility to ensure that your personal information, including your password, is kept secure and confidential.
Indemnification
You agree to indemnify and hold harmless One Nine Eight Five, along with its affiliates, partners, officers, directors, agents, contractors, service providers, and employees, from any claim or demand (including legal fees) arising out of your breach of these Terms or your violation of any law or third-party rights.
Under no circumstances shall One Nine Eight Five, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be held liable for any injury, loss, claim, or any type of direct, indirect, incidental, punitive, special, or consequential damages. This includes, but is not limited to, lost profits, revenue, savings, data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise. This limitation applies to claims arising from your use of the Website or any products or Services purchased through the Website, including, but not limited to, any errors or omissions in content or any loss or damage caused by using any content (or product) made available through the Website, even if we were warned of the potential for such damages.
Termination
These Terms remain in effect until terminated by either party. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use the Website. If we believe you have breached these Terms, we may terminate your access to our Website immediately without notice, and you will remain responsible for all amounts due up to the date of termination to both us and our Artists.
Entire Agreement
These Terms, along with any policies or operating rules posted on our Website, constitute the entire agreement between you and One Nine Eight Five regarding your use of the Website. This agreement supersedes any prior agreements or communications, whether written or oral. If we fail to exercise or enforce any right or provision in these Terms, it will not be considered a waiver of that right or provision.
Disputes
If you have any concerns or disputes regarding our Services or products, please contact us at [email protected]. We aim to resolve any disputes quickly and efficiently.
Force Majeure
Neither we nor our Artists will be liable for any delay or failure to perform any obligations under these Terms due to events outside of our reasonable control. This includes, but is not limited to, events such as natural disasters, war, terrorist attacks, embargos, flood, fire, earthquake or other natural disaster, pandemics, accidents, government actions, riots, strikes, lock-outs and industrial disputes, or breakdowns in systems or networks.
Governing Law
These Terms and any separate agreements for the use of our Website, Services or products will be governed by the laws of the United Kingdom. Any disputes arising in connection with our contract must be resolved by the competent courts in the United Kingdom.
Contact Information and Your Feedback
We welcome and appreciate your feedback. For suggestions or comments, email [email protected]. Our email inboxes are monitored from 9am-5pm Monday to Friday.