PRIVACY POLICY & TERMS OF SERVICE
Last updated: August 5, 2024
This Privacy Policy describes how FOR ART'S SAKE® (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from www.fasforartssake.com (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.
How we collect and use your personal information
To provide the Services, we collect and have collected over the past 12 months personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.
In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide or improve or improve the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
What personal information we collect
The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes or can be associated with you. The following sections describe the categories and specific types of personal information we collect.
Information we collect directly from you
Information that you directly submit to us through our Services may include:
- Contact details including your name, address, phone number, and email.
- Order information including your name, billing address, shipping address, payment confirmation, email address, and phone number.
- Account information including your username, password, security questions and other information used for account security purposes.
- Shopping information including the items you view, put in your cart, saved into your account like loyalty points, reviews, referrals or gift cards, or purchases.
- Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.
Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.
Information we collect about your usage
We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.
Information we obtain from third parties
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
- Companies who support our Site and Services, such as Shopify.
- Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
- When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. Also see the section below, Third Party Websites and Links.
How we use your personal information
- Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
- Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in selling our products, according to Art. 6 (1) (f) GDPR.
- Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in keeping our website secure for you and other customers, according to Art. 6 (1) (f) GDPR.
- Communicating with You and Service Improvement. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you according to Art. 6 (1) (f) GDPR.
Cookies
Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.
Please note that while your browser may allow you to transmit a “do not track” signal, like many websites, our Site is not designed to respond to such signals. To learn more about “do not track” signals, you can visit http://www.allaboutdnt.com/.
How we disclose personal information
In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes, legitimate purposes and other reasons subject to this Privacy Policy. Such circumstances may include:
- With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
- With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
- When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
- With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
- In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
We have in the past 12 months disclosed the following categories of personal information and sensitive personal information about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":
CategoryCategories of Recipients
- Identifiers such as basic contact details and certain order and account information
- Personal information categories listed in the California Customer Records statute such as basic contact details and certain order and account information
- Commercial information such as order information, shopping information and customer support information
- Internet or other similar network activity, such as Usage Data
- Geolocation data such as locations determined by an IP address or other technical measures
- Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers)
- Business and marketing partners
- Affiliates
We do not use or disclose sensitive personal information without your consent or for the purposes of inferring characteristics about you.
With your consent we share personal information for the purpose of engaging in advertising and marketing activities, as follows.
Third party websites and links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
Children's Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Security and retention of your information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Your rights
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
- Right to Delete: You may have a right to request that we delete personal information we maintain about you.
- Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Right to Opt out of Sale or Sharing or Targeted Advertising: You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.
- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
- Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
- Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
- Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority. For the EEA, you can find a list of the responsible data protection supervisory authorities here.
International Users
Please note that we may transfer, store and process your personal information outside the country you live in. Your personal information is also processed by staff and third party service providers and partners in these countries.
If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at xiwen@fasforartssake.com or contact us at Stuido 34-35, Standard Road, London, ENG, NW10 6EU, GB.
For the purpose of applicable data protection laws and if not explicitly stated otherwise, we are the data controller of your personal information.
This website is operated by FOR ART'S SAKE®. Throughout the site, the terms “we”, “us” and “our” refer to FOR ART'S SAKE®. FOR ART'S SAKE® offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
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 us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - 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.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color 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 us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - 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 judgment, 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 at 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 needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which 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/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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 you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be 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 of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FOR ART'S SAKE®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FOR ART'S SAKE® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at gallery@fasforartssake.com.
Our contact information is posted below:
[INSERT TRADING NAME]
gallery@fasforartssake.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] Please read these Terms and Conditions of Purchase carefully as they set out the terms under which For Art's Sake makes all products advertised on this Website available to you.
Please read these Terms and Conditions of Purchase carefully before ordering any products from this Website. You should understand that by ordering any of our products, you agree to be bound by these Terms and Conditions of Purchase. You should print a copy of these Terms and Conditions of Purchase for future reference.
Click here for:
1 - General Provisions
1.1
These Terms and Conditions of Purchase which include the Returns Policy, are applicable to any purchases made online at www.fasforartssake.com, ("the Website"), any representations the For Art's Sake representative ("For Art's Sake") makes to you and to any agreements concluded between you and For Art's Sake.
1.2
The services provided under the Website are supplied by For Art's Sake and its owner.
1.3
By placing orders through this Website you are offering to contract with the For Art's Sake for the supply of products including (including sunglasses, accessories and related products, (also described in these terms and conditions as "goods" or "products")). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.
2 – Placing an order; acceptance of an order
2.1
The display of any items or promotions on this Website shall be construed as an advertisement and not as an offer. You will be making an offer to buy, which is subject to these terms and conditions, when you complete the on-line order form. If your offer is accepted by For Art's Sake this will result in a binding contract between you and us (“Contract”).
2.2
When you have submitted the order form you will receive an email from us acknowledging that we have received your order and confirming the details of your order (including the full details of the store with which you are contracting) and your order number. Your offer to purchase a product is accepted by For Art's Sake when you have received an e-mail confirmation that the goods have been dispatched. The Contract will relate only to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
2.3
Payment will be processed after receipt of your order but prior to dispatch.
2.4
For Art's Sake may not be bound by its acceptance of your offer if there is an error in any advertisement or representation made by For Art's Sake associated with it, including, but not limited to, any pricing error on the Website. In such event, we will inform you as soon as possible after receiving your order and give you an option to cancel your order.
2.5
As your order is processed you will be informed by e-mail or telephone if any of the products ordered are not available or if there is a problem with your order.
2.6
If any goods ordered are not available, For Art's Sake may offer you substitute products of equivalent quality and price. If For Art's Sake is unable to offer substitutes or you do not agree to accept such substitutes For Art's Sake shall reimburse your payment within 10 days of the date For Art's Sake receives your order (Refunds Policy). The Contract will only relate to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
2.7
You can view the status of your order in the Your Account section of the Website.
3 - Your Account
3.1
The Your Account facility enables you to check the status of your current order and to place future orders on the Website without re-registering your details each time.
3.2
When you first register on the Website as a customer you will be required to complete an online registration form. The details you provide can be updated at Your Account at any time.
3.3
You are responsible for the security and proper use of your password and must take all reasonable steps to ensure that the password is kept confidential.
4 - Payment
4.1
Payment will be processed after receipt of your order but prior to dispatch.
4.2
The prices stated on the Website are exclusive of VAT (where payable) but exclude delivery charges. Any delivery charges will be displayed on the order form. The price of any product will be as quoted except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an email confirmation. Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will , at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an email confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.3
We process payment by credit or debit card and PayPal once you place an order with us. Your credit/debit card details will be encrypted to minimise the risk of unauthorized access or disclosure.
5 - Your Obligations
A) All customers
You undertake to comply with all the instructions for use to be found on the user instructions supplied with the products or as otherwise directed by your optician or For Art's Sake.
6 – Delivery and inspection of the goods
6.1
The status of your order may be viewed on the Website using the 'Your Account' section by using your order number.
6.2
Delivery of products will be as follows:
Contact lenses will be to the address specified by you on your order as soon as possible by standard mail
Non-prescription glasses, accessories and other products will be delivered to the address specified by you on your order as soon as possible by standard mail services or as otherwise specified in your order.
6.3
We aim to dispatch all products within 14 days of the date of your order. Please note we do not guarantee the availability of products or dispatch times. Subject to delays outside For Art's Sake control, the overall delivery period should not exceed 30 days (expect for workwise deliveries that were it might take up to 60 days).
6.4
Please check the goods as soon as possible after delivery to inspect for any damage, defects or discrepancies. In the event there is a problem with the goods please do not use the goods and return them as set out in the Returns Policy.
7 - Risk During Transport
7.1
For Art's Sake shall bear the risk of any damage to or theft or loss of products during transport to the delivery address. This risk will pass to you at the moment of the delivery (see clause 6). Upon delivery you should inspect the products to check for damage. If there is any damage, please do not use the products and return them as set out in the Returns Policy.
8 - Warranty
8.1
For Art's Sake warrants that the products to be delivered comply with the agreement between For Art's Sake and you and with your specification (for contact lenses) and / or your prescription (for prescription glasses/sunglasses) ("Warranty"). However, For Art's Sake may not be held responsible if your eyes do not tolerate any glasses, contact lenses or any related products ordered by you except where this caused by the negligence of For Art's Sake, its owners, employees, affiliates or other representatives.
8.2
If it becomes evident within 30 days of delivery that the products you have ordered fail to meet the Warranty you should return them immediately to For Art's Sake. Please refer to the Returns Policy. You may request that For Art's Sake replace the products concerned (to the same specification/prescription at its cost (including delivery) instead of issuing a refund.
8.3
The Warranty will not apply if a defect has arisen due to any improper use by you of the products or if you or a third party without For Art's Sake written permission, modified them or attempted to modify them or used them for purposes for which they are not intended.
9 - Privacy
9.1
We process personal information about you in accordance with our. Please read our Privacy Policy carefully to understand our use and treatment of your personal information. By placing an order, you consent to such processing and agree that all personal information provided by you is accurate.
10 - Cancellation Right
10.1
If you are contracting as a consumer, you may cancel the Contract and return any products ordered on the Website within 14 working days following the day your order is delivered to you, or (in the case of prescription glasses) from the date of collection from the store ("the Return Period"). To cancel the Contract please contact Customer Service (either by phone or email) to request a returns reference and the relevant returns address. If you return the products you are obliged to comply with the requirements of the Returns Policy. You must return all the products in the re-sealable packaging provided with them.
10.2
You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date you inform us of the wish to cancel and the date the product is returned by you to For Art's Sake you shall bear all risk in keeping the products safe, secure, and free from loss or damage except if such loss or damage is (a) caused by For Art's Sake, our agents or employees; (b) due to a manufacturing design or design fault; or (c) due to fair wear and tear.
11 - Retention of Title
11.1
For Art's Sake remains the owner of any products delivered to you until the moment at which the purchase price has been paid in full and no right of cancellation remains available to you under Article 10.1.
12 – Liability
PLEASE CONTACT US AT CUSTOMER SERVICE IF YOU HAVE ANY DIFFICULTY READING OR UNDERSTANDING THIS CLAUSE
12.1
Subject to Clause 12.5 and Clause 13, any liability of For Art's Sake (whether in contract, tort or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to foreseeable damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could reasonable be contemplated by you and us at the time your order is accepted by us.
Liability for foreseeable or unforeseeable damages including but not limited to any losses related to any business of yours such as lost profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however arising (except where set out in Clause 12.6) and which could reasonably be contemplated by you and us at the time your order is accepted by us is excluded to the extent permitted by law.
12.2
We will use our best endeavours to deliver the goods to you within the timeframes set out in Clause 6.3 or as set out in our confirmation of your order. There may be events outside of our control including but not limited to Force Majeure events (see Clause 13) or in verifying your prescription. Such events may cause the delivery of your order to be delayed. Any delay in the delivery of products will not entitle you to terminate the order unless the delay exceeds 40 days from the date of our confirmation of the order.
12.3
Without prejudice to the provisions set out above, For Art's Sake will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the products delivered to you.
12.4
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or your reliance on content contained in them.
12.5
For Art's Sake and the Owners does not limit or restrict its liability for fraud or fraudulent misrepresentation, death or personal injury should it arise from the negligence of For Art's Sake, its Owners, employees, affiliates, or other representatives for any matter for which it would be illegal for us to exclude or attempt to exclude our liability. Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title.
12.6
Nothing in these Terms and Conditions of Purchase excludes or limits our liability for any breach of the statutory implied terms as to title, satisfactory quality of the goods or their fitness for purpose.
13 - Force Majeure (events outside of your or our control)
13.1
Neither For Art's Sake nor you will be obliged to fulfill any contractual obligation if either of us is prevented from so doing due to a circumstance outside our respective control including but not limited to postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. ("Force Majeure"). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond For Art's Sake' control, but as a consequence of which For Art's Sake is unable to fulfill its obligations.
13.2
While a Force Majeure continues to operate, For Art's Sake and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 40 days (from the date of our confirmation of your order), either party will be entitled to treat any order accepted by For Art's Sake as terminated without further obligation to the other.
13.3
If For Art's Sake has already fulfilled its obligations under any Agreement in part when the Force Majeure occurs, For Art's Sake will be entitled to charge you for that fulfilled part.
13.4
Once a Force Majeure is operating if you have paid for a product yet to be dispatched to you, For Art's Sake shall return to you the amount paid.
14 - Refund Policy
14.1 Please see our terms and conditions on returns/refund policy above (Refund Policy).
15 - Intellectual Property Rights
You may not use any of the Intellectual Property Rights in the Website or in our products without express written consent of For Art's Sake.
16 – Changes to the Terms and Conditions of Purchase
The Group reserves the right to revise and make changes to these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
17 - Waiver
17.1
If you breach these Terms and Conditions of Purchase or if we fail to insist upon strict performance of any of your obligations under the Contract and we take no action, we will still be entitled to use our rights and remedies in any other situation when you breach them and this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3
No waiver by us of any of these Terms and Conditions of Purchase shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. Severability
If any of these Terms and Conditions of Purchase is deemed by any competent authority invalid, void or for any reason unenforceable to any extent, that term, condition or provision will be deemed severable from the remaining terms and conditions and will not affect the validity and enforceability of any remaining terms and conditions.
19 - Written Communications
19.1
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.2
All notices given by you to us must be given to For Art's Sake Customers Service at gallery@fasforartssake.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified e-mail address of the addressee.
20. Transfer of Rights and Obligations
20.1
The Contract between you and us is binding on you and us and on our respective successors and assigns.
20.2
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent which will not be unreasonably withheld or delayed.
20.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and will use reasonable endeavours to inform you in advance of any such assignment.
21. Entire Agreement
21.1
For Art's Sake intends to rely upon these Terms and Conditions of Purchase together with any document expressly referred to in them or expressly agreed in writing between us as setting out the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You should therefore carefully read these Terms and Conditions of Purchase together with any document expressly referred to in them. If there is anything you do not understand or do not agree with, please contact Customer Service.
21.2
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions of Purchase or any document expressly referred to in them or expressly agreed in writing between us.
21.3
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22. Jurisdiction and applicable law
The Terms and Conditions of Purchase and the Contract shall be construed in accordance with English law. Any dispute arising from, or related to the Terms and Conditions of Purchase or the Contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Contacting us
If you have any comments or concerns about material which appears on our Website, please contact:
E: gallery@fasforartssake.com
SALE TERMS & CONDITIONS
Please note the following terms & conditions apply to all sales made during our online archive sale.All sales are as marked & final, no discount code is required. The sale will continue until stock lasts; we are then unable to honour sale prices after the sale has ended.This promotion is only available for online purchases only, not in store.
- All sales are FINAL. No returns, exchanges or will be provided unless an item is deemed faulty by our Customer Care team (please fill out our contact form here if so). This does not include the imperfect items that were described at the time of the sale.
- We will not under any circumstances be able to honour the sale price on past orders, irrespective of how recently your past order was placed.
- Other discount codes cannot be used in conjunction with the online sale offer, this is inclusive of the 10% welcome code.
- Store credits/gift cards are accepted as payment during the Online Archive sale given, they are still active.
- Due to the fast-paced nature of the Online Archive sale, orders cannot be cancelled, updated, or modified once placed. Please ensure you check your order, and delivery address before checking out to avoid disappointment. We will not be held liable for incorrect addresses..