The following are the terms of use of the glow-art.co.uk website and our e-mail update service. glow-art is owned and operated by Glow Designs Limited of Morrell House, 98 Curtain Road, London, EC2A 3AF.  Our company registration number is 3971549 ("glow-art"/"we"/"our"/"us"). By using glow-art in any way, including by visiting the website or by purchasing goods, you agree to be bound by these terms of use.  We may change these terms from time to time.  The terms that apply to you will be those posted on the glow-art website at the time you visit the website, order goods, or receive an e-mail update.

1. The contract between us

When you place an order to purchase goods from glow-art, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase goods, and is accepted by us when we send e-mail confirmation to you that we have dispatched goods to you. We must receive payment of the whole of the price for the goods that you order before your order can be accepted.  Acceptance will be complete at the time we send the dispatch confirmation e-mail to you. Our acceptance of your order brings into existence a legally binding contract between us. Only those goods which we have confirmed in a dispatch confirmation e-mail to have been dispatched form part of the contract.

 

2. Price


1. Subject to clause 5.1.3 the prices payable for goods that you order will be those as set out on the glow-art website. 
2. Standard delivery with the United Kingdom of Great Britain and Northern Ireland will be free of charge.  You will be required to pay extra for delivery outside the UK and it might not be possible for us to deliver to some locations. Our delivery charges, where applicable, are set out on our website.

 

3. Right for you to cancel your contract


1. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
2. To cancel your contract you must notify us in writing.
3. If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.  We are under no obligation to collect or recover goods from you.

 

4. Cancellation by us


1. We reserve the right to cancel the contract between us if:


1. we have insufficient stock to deliver the goods you have ordered;
2. we do not deliver to your area; or
3. one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
3. Banking charges levied by the receiving bank on payments to us will be borne by us.  Prices are quoted, and payment will be accepted, in pounds Sterling only. 
4. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
5. When ordering goods from glow-art for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any such additional charges must be borne by you.

 

5. Delivery of goods to you


1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.  You must ensure that someone is present to accept delivery.
2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
3. We may deliver the goods in instalments if the goods are not available at the same time for delivery.
4. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

6. Liability


1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
2. If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
3. If you notify a problem to us under this condition, our only obligation will be, at your option:
1. to make good any shortage or non-delivery;
2. to replace or repair any goods that are damaged or defective; or
3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
4. Neither glow-art, Glow Designs Limited nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties
5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6. Save as precluded by law we are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the glow-art website, receipt of e-mail updates, or the purchase of goods.
7. In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
8. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

7. Indemnity


1. You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of glow-art, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

 

8. Disclaimers


1. We or our content suppliers may make improvements or changes to our website and its content at any time and without giving you advance notice.
2. We reserve the right to make glow-art unavailable at any time without notice.
3. You are advised that content may include technical inaccuracies or typographical errors.
4. We give no warranty and make no representation, express or implied, as to:
1. the adequacy or appropriateness of the goods for your purpose;
2. the accuracy of any information given on our website;
3. any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose;
4. compatibility of our website with your equipment software or telecommunications connection.
5. compliance with any law;
6. non-infringement of any right.
5. Our website may contain links to other internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
   

 

9. Content and Intellectual Property Rights


1. Title, ownership rights, and intellectual property rights in the content of this website whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider.
2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
3. You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

 

10. System Security


1. You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
2. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the glow-art website, or any software used on our website, and that you will not permit any other person to do so.
3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
4. You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
1. any violation of system security as set out above;
2. your use of our website;
3. any other breach or violation of these terms by you
4. the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

 

11. Linking to glow-art


1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2. glow-art must not be framed on any other site, nor may you create a link to any part of glow-art other than the home page.  We reserve the right to withdraw linking permission without notice.
3. If you wish to make any use of material on glow-art other than that set out above, please address your request to info@glow-art.co.uk

 

12. No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

 

13. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

 

14. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Morrell House, 98 Curtain Road, London, EC2A 3AF and all notices from us to you will be sent to you by post, e-mail, or displayed on our website from to time.

 

15. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

16. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

17. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation

 

18. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

19. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.  The contract shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.