Terms of Service

Overview

This website is operated by David Thatcher Art. Throughout the site, the terms “we”, “us” and “our” refer to David Thatcher Art.

David Thatcher Art offers this website, including all information, products, tools and services available from this site, to you, the user, conditional upon your acceptance of the terms, conditions, policies and notices stated here.

By visiting this website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These Terms apply to all users of the site, including browsers, customers, merchants and contributors of content.

Please read these Terms carefully before accessing or using this website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to these Terms, you should not access the website or use our services.

Section 1: Online Store Terms

By using this website, you confirm that you are at least the age of majority in your country, state or province of residence, or that you are of majority age and have given consent for any minor dependants to use this site.

You may not use our products, website or services for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including copyright laws.

A breach or violation of any of these Terms may result in the immediate termination of your access to the Service.

Section 2: General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, excluding payment card information, may be transferred unencrypted and may involve transmissions over various networks or technical changes to conform and adapt to connecting networks or devices.

Payment card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

Section 3: Accuracy of Information

We make reasonable efforts to ensure that the information on this website is accurate and current. However, we are not responsible if information made available on this site is inaccurate, incomplete or not current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more complete, accurate or timely sources of information.

Any reliance on the material on this site is at your own risk.

Section 4: Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.

We shall not be liable to you or to any third party for any price change, suspension, modification or discontinuance of the Service.

Section 5: Products and Services

Some products may be available exclusively online through this website. These products may have limited availability and may be produced to order.

We have made every effort to display as accurately as possible the colours, images and details of our products. However, we cannot guarantee that your device display will accurately show the true colour, texture, scale or finish of any product.

We reserve the right to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products and product pricing are subject to change at any time without notice.

We reserve the right to discontinue any product at any time.

Section 6: Made-to-Order and Print-on-Demand Products

Many products sold through David Thatcher Art, including prints, posters, clothing and print-on-demand items, are produced to order.

Each item is made specifically for the buyer once an order has been placed. These items are not usually held in stock and may be produced by specialist print-on-demand production partners in different locations depending on the delivery destination.

For this reason, we do not accept returns, cancellations or refunds for change of mind once an order has entered production.

This includes, but is not limited to:

• ordering the wrong size
• choosing the wrong colour
• ordering the wrong item
• changing your mind
• entering an incorrect delivery address
• refusing delivery
• failing to collect a parcel

This does not affect your statutory rights.

If an item arrives damaged, faulty, defective or incorrectly supplied, it will be replaced or otherwise remedied where appropriate.

Section 7: Damaged, Faulty or Incorrect Items

If your item arrives damaged, faulty, defective or incorrectly supplied, you must notify us within 14 days of delivery.

You may be asked to provide:

• your order number
• a clear description of the issue
• photographs of the item
• photographs of the outer packaging
• photographs of any damaged packaging or inserts

Where the issue is confirmed, we will arrange a suitable remedy. This will usually be a replacement or reprint. In some cases, a refund or alternative solution may be offered.

Please do not return any item unless you have been asked to do so.

As our products may be fulfilled directly by print-on-demand production partners, we do not operate a general international returns address. Unauthorised returns cannot be accepted.

Section 8: Colour and Print Variation

Colours may vary slightly between screen and print. This can be caused by screen settings, lighting, paper type, fabric, ink, print method and production location.

Minor colour variation is not normally treated as a fault.

Small differences in positioning, trimming, fabric finish or print appearance may also occur as part of the production process. These variations do not usually constitute a defect unless the item is materially faulty or incorrectly supplied.

Section 9: Delivery, Address Errors and Unclaimed Parcels

Customers are responsible for providing a complete and accurate delivery address at checkout.

If an order cannot be delivered because the address was incorrect, incomplete, refused or unclaimed, we may not be able to replace or refund the item.

Where a replacement is requested because of an address error, refused delivery or failure to collect a parcel, a new order may need to be placed.

Delivery times are estimates only and are not guaranteed unless expressly stated.

We are not responsible for delays caused by customs, local postal services, courier issues, import checks, adverse weather, public holidays or other circumstances outside our control.

Section 10: Billing and Account Information

We reserve the right to refuse, limit or cancel any order you place with us.

We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, payment card, billing address or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address or billing information provided at the time the order was placed.

You agree to provide current, complete and accurate purchase and account information for all purchases made through this website.

You agree to promptly update your account and other information, including your email address, delivery address and payment details, so that we can complete your transactions and contact you where needed.

Section 11: Optional Tools and Third-Party Services

We may provide access to third-party tools, services or applications over which we have no control.

You acknowledge and agree that such tools are provided “as is” and “as available”, without warranties, representations or conditions of any kind.

Your use of optional third-party tools or services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

Section 12: Third-Party Links

Certain content, products or services available through our website may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content, accuracy, policies or practices.

We do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.

Any use of third-party websites is at your own risk.

Section 13: User Comments, Feedback and Submissions

If you send us comments, suggestions, proposals, ideas, images, reviews or other submissions, you agree that we may use them without restriction, unless otherwise agreed in writing.

This may include editing, copying, publishing, distributing, translating or otherwise using such material in any medium.

We are under no obligation to:

• maintain any submission in confidence
• pay compensation for any submission
• respond to any submission

You agree that your submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You also agree that your submissions will not contain unlawful, abusive, obscene or otherwise objectionable material, or any computer virus or malware.

Section 14: Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 15: Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after an order has been submitted.

We are not obliged to update, amend or clarify information in the Service or on any related website except as required by law.

Section 16: Prohibited Uses

You are prohibited from using the site or its content:

• for any unlawful purpose
• to solicit others to perform or participate in unlawful acts
• to violate any international, national or local laws or regulations
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others
• to harass, abuse, insult, harm, defame, slander, intimidate or discriminate
• to submit false or misleading information
• to upload or transmit viruses, malware or malicious code
• to collect or track the personal information of others
• to spam, phish, pharm, pretext, spider, crawl or scrape
• for any obscene or immoral purpose
• to interfere with or circumvent the security features of the Service or any related website

We reserve the right to terminate your use of the Service for violating any prohibited use.

Section 17: Intellectual Property

All artwork, images, designs, photographs, text, graphics, logos, product descriptions and other content on this website are the property of David Thatcher Art or are used with permission, unless otherwise stated.

You may not copy, reproduce, distribute, modify, publish, display, sell, license, create derivative works from, or otherwise exploit any content from this website without prior written permission.

Purchasing a product does not transfer copyright or intellectual property rights to the buyer.

Products are sold for personal use only unless otherwise agreed in writing.

Section 18: Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice.

The Service and all products delivered through the Service are provided “as is” and “as available”, except where expressly stated otherwise.

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Service or any products purchased through the Service.

Nothing in these Terms limits or excludes liability where it would be unlawful to do so.

Section 19: Indemnification

You agree to indemnify and hold harmless David Thatcher Art, its owner, affiliates, partners, suppliers, service providers, contractors, licensors and employees from any claim or demand arising from your breach of these Terms or your violation of any law or the rights of a third party.

Section 20: Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.

Section 21: Termination

These Terms remain effective unless and until terminated by either you or us.

You may terminate these Terms at any time by ceasing to use our website and services.

We may terminate this agreement at any time without notice if we suspect that you have failed to comply with any term or provision of these Terms.

Section 22: Entire Agreement

These Terms of Service, together with any policies or operating rules posted on this website, constitute the entire agreement between you and us and govern your use of the Service.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 23: Governing Law

These Terms of Service and any separate agreements under which we provide products or services shall be governed by and construed in accordance with the laws of England and Wales.

Section 24: Changes to These Terms

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website.

It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.