Terms of Service
TERMS AND CONDITIONS
General
These terms and conditions apply between you, the user of lindalivingstonart.com ('the website') and Linda Livingston, the owner and operator of this website. In these terms and conditions, 'we', 'us' and 'our' refers to Linda Livingston Art. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website.
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, together with our published Privacy Policy, Cookies Policy, Refund Policy and Shipping Policy (see below), 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.
ACCEPTANCE OF TERMS
By accessing the content of this website, you agree to be bound by the terms and conditions set out herein and you accept our Privacy Policy, Cookies Policy, Refund Policy and Shipping Policy. If you object to any of the terms and conditions set out in this agreement, you should not use any of the products or services on the website and stop using the site immediately.
You agree that you shall not use the website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the website. You also agree not to compromise the security of the website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
COPYRIGHT/INTELLECTUAL PROPERTY AND ACCEPTABLE USE
All content included on the website, unless uploaded by users, is the property of Linda Livingston Art, our affiliates or relevant third parties. In these terms and conditions, content means any artwork, images, logos, text, graphics, video and audio. 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 or otherwise, any licence or right to use any artwork, image, video, logo or trademark displayed on the site without the prior written permission of Linda Livingston.
You may, for your own personal, non-commercial use only, do the following:
Retrieve, display and view the content on a computer screen.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any content without the written permission of Linda Livingston.
MODIFICATION
Linda Livingston Art reserve the right to change any part of this agreement without notice and your use of the website will be deemed as acceptance of this agreement. We advise users to regularly check the terms and conditions of this agreement for any updates.
Linda Livingston Art have complete discretion to modify or remove any part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
Linda Livingston Art will under no circumstance be liable for indirect, special or consequential damages, including any loss of business, revenue, profits, commercial opportunities or data in relation to your use of the website.
WEBSITE AVAILABILITY AND DISCLAIMERS
We do not guarantee uninterrupted availability of the Linda Livingston Art website and cannot provide any representation that using the website will be error free.
While Linda Livingston Art endeavour to ensure that the website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users must take responsibility for their own security and their computers.
Linda Livingston Art 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 apply to any modified version of the website unless it is expressly stated otherwise.
THIRD PARTIES
The website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in other sites.
GOVERNING LAW AND JURISDICTION
The website is controlled and operated by Linda Livingston, located in Scotland. These terms and conditions shall be governed by Scottish Law and are subject to the exclusive jurisdiction of the courts of Scotland.
We make no representation that materials in the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
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.
ONLINE STORE TERMS
The website's online store ('Studio Shop') is hosted by Squarespace, who provide the online e-commerce platform that allows us to sell our products and services. This online store is controlled and operated by Linda Livingston Art.
We reserve the right to refuse service to anyone for any reason at any time.
PRODUCTS OR SERVICES
Where we use the term 'item', this refers to a product or service listed on Linda Livingston Art and/or our online store.
When you place an order, you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us. Your order will only be accepted by us once your goods have been dispatched.
If we are unable to accept an order, this may be due to a printer or supplier issue, payment issue, an item being out of stock or an unspecified reason, we will contact you by email to try to resolve this for you.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales 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 or product pricing are subject to change at anytime without notice, at the sole discretion of Linda Livingston Art. We reserve the right to discontinue any product at any time.
PAYMENT
Payment must be made in full at the time of placing an order.
We accept all major credit and debit cards, and our payment system is hosted by Stripe.
We also accept payments with PayPal.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit 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, or access to the service or any contact on the website through which the service is provided, without express written permission by Linda Livingston Art.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as soon as possible.
CANCELLATION OF ORDERS
All prints are made to order. Should you wish to cancel a confirmed order from the online Studio Shop, please email linda@lindalivingstonart.com as soon as possible within 7 days of order confirmation. Please note that if the order has been shipped, the Refund Policy will apply. For cancellation of commissions, please refer to the Commissions section.
COMMISSIONS
The following terms and conditions apply to the commissions service provided by Linda Livingston Art to you, the Client.
ACCEPTANCE
Linda Livingston wants the Client to be happy with their commission. To ensure that the artwork and service provided to the Client are acceptable, a Commission Agreement will be emailed to the Client prior to work commencing. The content of the Agreement must be approved by the Client and Linda Livingston Art at this stage.
It is not necessary for the Client to have signed any document for these terms and conditions to apply. If the Client commissions a painting from Linda Livingston Art, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any commission or use of services implies that you have read, understood and accepted these terms and conditions.
PRICE QUOTATIONS
Charges for services to be provided by Linda Livingston Art are defined in the price quotation that the Client will receive via email.
Charges are calculated by current Artist Rates of Pay, as defined by the Scottish Artists Union, of which Linda Livingston is a member. Charges also include costs of materials, studio overheads and time taken to complete the commission.
Quotations are valid for a period of 30 days. Linda Livingston Art reserves the right to alter or refuse to honour a quotation after expiry of the 30 days.
ADDITIONAL EXPENSES
The Client agrees to reimburse Linda Livingston Art for any additional expenses incurred for the completion of the work. Examples of these instances would be shipping charges, extra travel expenses for delivery etc.
ARTWORK PROGRESS
Once work commences on a Client's commission, Linda Livingston Art will email photos of the progress of the work and an estimated completion date.
At this stage minor alterations can be made to its design content.
Linda Livingston Art reserves the right to share “painting in progress” photos to social media, unless the Client expresses this not to be done.
Once the artwork is complete, Linda Livingston Art will email the Client a photo of the finished piece. At this stage only very minor adjustments can be made.
COPYRIGHT
Linda Livingston Art retains the copyright to the commissioned artwork, including work created from Clients' photos.
Linda Livingston Art reserves the right to display the artwork on their website and social media pages. If a Client is unhappy about the artwork being displayed, they must declare this upon placing the commission.
The Client retains ownership of the artwork but must obtain permission to share the artwork on social media. If the Client wishes to make any reproductions of the artwork, then this must be arranged through Linda Livingston Art only.
DEPOSIT
Linda Livingston Art requires a 30% deposit from the Client to confirm a commission slot. This deposit is non- refundable.
PAYMENTS
Invoices will be issued by Linda Livingston Art upon completion of the artwork & before shipping/delivery/collection. Invoices are primarily sent via email. The Client may also be required to provide a current postal address to receive hard copy invoices. Payment in full is due within 7 days of invoice. Please note, unless specifically agreed to by both parties prior to the issuing of an invoice, Linda Livingston Art does not accept payment in part or via instalments.
Linda Livingston Art accepts payment by the following methods:
Bank Transfer (BACS)
Credit/Debit Card*
PayPal*
*Please email Linda for complete payment details.
TERMINATION BEFORE COMPLETION OF COMMISSION
If the client chooses to terminate the services of Linda Livingston Art after agreeing a commission arrangement but before the commissioned project is complete, Linda Livingston Art reserves the right to retain any non-refundable deposits paid. Cancellation of a commission must be given in writing within 14 days of accepting the Commission Agreement.
Should the Client cancel the commission after this time or after the artwork has been completed, Linda Livingston Art reserves the right to charge up to 90% of the total projected costs. The scale of the charge will be dependent on the discretion of Linda Livingston Art and the stage of the project at the time of cancellation.
If communication breaks down on the part of the Client for a period of 30 days (that is, the Client fails to reply to a communication from Linda Livingston Art), Linda Livingston Art will issue a warning email. If this warning email is not replied to (and communication does not resume) within a following period of 30 days, Linda Livingston Art reserves the right to terminate the commission. In this event, all deposits paid will be retained by Linda Livingston Art and the commission will be cancelled.
If the Client wishes to continue the commission at a later date, they will be required to request a new project quotation, sign a new Commission Agreement and pay a further non-refundable deposit.
COMMISSIONED ARTWORK IS CUSTOM MADE AND THEREFORE CANNOT BE RETURNED.
SHIPPING POLICY
All Giclée prints are made to order. Please allow 10-14 working days for processing and shipping within the UK. Shipping is free within the UK.
Orders are sent by Royal Mail Second Class delivery. Other shipping options are available at checkout, however these are offered at an extra cost. When your order has been shipped, you will receive a confirmation email.
Please allow 14-21 working days for processing and shipping to Europe and up to 28 working days for processing and shipping to USA, Canada and Australia.
International shipping is calculated at checkout and orders are sent by Royal Mail International Standard or International Tracked delivery. When your order has shipped, you will receive a confirmation email with a tracking number, which you can use to track its status.
If your order is not delivered within the stated time frame, please email us at linda@lindalivingstonart.com with your date of order and tracking number.
All original artwork will be sent by a trusted courier with signed for delivery, and will be insured and protected. This applies to shipping of original art within the UK and to Europe/rest of world. Shipping costs will be included in the selling price. Linda will contact you with an estimated delivery time and details of the courier service.
INTERNATIONAL CUSTOMS CHARGES
If you are outside the UK, you may be charged taxes and duties when your parcel arrives in the country. This is your responsibility to pay. Customs policies vary widely from country to country; you should contact your local customs office to find out more.
PACKAGING
All artwork is packaged carefully and securely, to ensure it arrives in perfect condition.
For shipping within the UK, A4 prints are packaged flat with a backing board and cellophane and sent in sealed cardboard mailing envelopes.
A3 + prints are wrapped in acid free tissue paper and cellophane and carefully rolled in sealed cardboard tubes.
For international shipping, all prints are wrapped in acid free tissue paper and cellophane and carefully rolled in an extra thick, sealed cardboard tube.
REFUND POLICY
Linda Livingston wants you to be happy with your artwork.
Returns will only be accepted if the artwork is damaged. Please email Linda Livingston Art with photographic evidence within 7 days of receipt. If a replacement item is required, this will be shipped free of charge.
If you change your mind about an item, a refund will only be offered on the condition that the item is returned in its original, sealed packaging and is in an undamaged, resaleable condition. The customer is responsible for any return shipping costs.
You must return any artwork within 30 days of delivery. A refund will be provided (minus any shipping costs). The artwork is your responsibility until it arrives.
Returns must be sent to:
Linda Livingston, 54 Washington Street, Axiom Building, Studio 206, Glasgow G3 8AZ, Scotland, United Kingdom.
Please email linda@lindalivingstonart.com to request a refund or replacement item.
UNFORTUNATELY, DUE TO BEING CUSTOM MADE, COMMISSIONED ARTWORK CANNOT BE RETURNED.
Thank you!