Website Terms

 

 

All contents copyright © 2012 Dean Chalkley Ltd. All rights reserved.

No portion of this service may be reproduced in any form, or by any means, without prior written permission from Dean Chalkley Ltd.

 

Acceptance of Terms of Use

Please review the following terms and conditions and Cookie Policy carefully. This agreement is a legally binding contract between you ("You" or "Your") and Dean Chalkley Ltd. ("Dean Chalkley Ltd," "We" or "Us") regarding Your access to and use of the Dean Chalkley Ltd web site (the "Site"). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. Dean Chalkley Ltd reserves the right to change these terms and conditions without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the terms and conditions as changed.

 

Cookies Policy

This website contains “Cookies”, they are used to optimise the efficiency of the Site for the user. A Cookie is a small text file that contains information and is stored on a user’s computer when the user visits a website. There are two types of Cookies. One of these, known as a “Persistent Cookie”, is permanent and is stored on the user’s computer even after he or she has left the website in question and closed the web browser. The other is temporary, a so-called ”Session Cookie”, and is stored on the user’s computer during the Internet session. When the web browser is closed, the Session Cookie disappears from the user’s computer.
The Site uses both Persistent and Session Cookies.

These are used to:


- Count the number of visitors and analyse traffic (Using Google Analytics)
- Enable the Site to remember and display the shopping basket chosen by the user
- Enable the Site to remember and display the screen resolution chosen by the user


If you as a user do not accept the use of cookies, you can change the settings in your web browser (e.g. Internet Explorer, Firefox, Safari or Google Chrome) to disable storage of cookies and remove undesired cookies.


By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy

 

Your Conduct

You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libellous and/or otherwise objectionable; (y) infringes any third party's intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; (c) impersonate any person or entity, including, but not limited to, a Dean Chalkley Ltd official or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (d) attempt, through any means, to gain unauthorized access to the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

 

Proprietary Rights Restrictions

All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, is owned by Dean Chalkley Ltd or other parties that have licensed their material to Dean Chalkley Ltd and is protected by copyright, trademark and/or other intellectual property laws. Dean Chalkley Ltd disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either Dean Chalkley Ltd or other third parties. You agree not to display or use such marks without written permission from Dean Chalkley Ltd or the appropriate party. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Nothing on this Site shall be construed as conferring any license under any of the Dean Chalkley Ltd or any third party's intellectual property rights, whether by estoppel, implication or otherwise.

 

Print Sales

1.     Not all images displayed on deanchalkley.com are available as prints. Any image that is available to purchase as a print will be clearly marked. Even after purchase any images bought as prints remains the sole copyright of Dean Chalkley Ltd. By purchasing an image as a print You hereby agree that the print may only be used for personal use and may not be used for any commercial purposes including public display, exploitation, reproduction or syndication to third parties.

 

2.     You understand and accept that even if any item on the site is offered for sale it does not necessarily mean that it is available. We shall use reasonable endeavours to ensure that any unavailable items are marked accordingly but where items are not marked we reserve the right at our discretion not to process your order.

 

3.     Your items will be dispatched within 14 days of placing your order and sooner if possible, to the person named on the Order Form.

 

4.     We shall dispatch your goods in the appropriate packaging, by registered post or equivalent, at our own risk to the address provided to us on your order form. Please email us if you require courier delivery.

 

5.     You acknowledge that we are not responsible for verifying the authority of the signatory taking receipt of the goods.

 

6.     In the event of any damage to a product as a result of mishandling in transit, we will send you a replacement. If it is not possible to send you a replacement, we will issue you with a full refund. If the product has been damaged in transit or is faulty, please contact us by phone (or by email to info@deanchalkley.com) within 7 days of order receipt. When you receive your order, as per the EU Distance Selling Directive, you have until the expiry of seven days of receipt to return the ordered products. The goods must be returned in the same condition as they were originally despatched from deanchalkley.com and received by you. All items must be returned with tracking details.

 

7.      If items are returned, due to being faulty or damaged in transit, You will be expected to pay for the return of the goods, and any refund of this amount will be at the sole discretion of Dean Chalkley Ltd. and will be credited to the original charged account within 30 days of receipt of the damaged items by Dean Chalkley Ltd. Please return them to the address at the bottom of the page along with a note of your details and the reason for return.

 

8.    All prints are signed, numbered and accompanied with a certificate of authenticity which gives details of the edition and paper type.

 

9.     All prints are sold unmounted and unframed unless otherwise stated.

 

Links to Other Web Sites

If any link is offered connecting You to a third party web site, it is as an accommodation to You and to the respective third party site owner and is provided without charge. Sites linked to and from this Site are not necessarily under the control of Dean Chalkley Ltd and We shall have no responsibilities or liabilities whatsoever for the content including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements set forth therein, or privacy practices of any such linked site or any link or linking program at any time. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.

 

Disclaimer of Warranties

The Materials on this Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Materials. The use of this Site and the Materials is at your own risk.

Dean Chalkley Ltd does not warrant that the site will operate error-free or that this site and its server are free of computer viruses and other harmful goods. If your use of the site or the materials results in the need for servicing or replacing equipment or data, Dean Chalkley Ltd is not responsible for those costs.

The site, and the contents therein, are provided "as is" and "as available," and all warranties, express or implied, are disclaimed, including but not limited to, any implied warranties of merchantability, quiet enjoyment, non-infringement and fitness for a particular purpose. We are not responsible for damage or loss caused by errors of the site, content on the site or the Internet. Dean Chalkley Ltd does not exercise control over any third parties that provide content to the site and therefore provides no representations or warranties regarding same. Additionally, the site may be unavailable unexpectedly as a result of errors or circumstances beyond our control.

 

Limitation of Liability

Dean Chalkley Ltd and its directors, officers and employees shall not be liable for any direct, indirect, special, incidental, exemplary or consequential damages (including damages for loss of business, loss of profits, litigation or the like) arising out of (a) the use of the site, (b) the content on the site, (c) web sites linked to this site and the content, goods and/or services provided therein (d) any decision made or action taken by you in reliance upon the information within, or content of, the site, and/or (e) the inability to use the site and content contained therein (including, but not necessarily limited to, loss of profits, goodwill or savings, downtime, damage to or replacement of programs and data), whether based in contract or tort (including negligence), product liability or otherwise (but excluding claims arising out of personal injury or death) even if advised of the possibility of such damages. Dean Chalkley Ltd cannot and does not guarantee continuous, uninterrupted or secure access to the site.

The provisions of this paragraph will survive any termination of this agreement. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

 

No Offer of Securities

Nothing on this Site should be taken as an invitation to acquire stock in any jurisdiction in which an offer, sale, resale or delivery would constitute a violation of the applicable securities laws or require any additional registration statements to be filed.

 

Indemnification

You agree to indemnify, hold harmless and release Dean Chalkley Ltd, its directors, officers, and employees, from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Site and/or any content contained therein.

 

Changes to the Service

We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. This Site is currently accessible to users without charge, however We reserve the right to charge users for access to or use of any portion of the Site in the future. Dean Chalkley Ltd may modify these Terms of Use at any time with or without prior notice. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

 

Failure to Abide by these Terms

Dean Chalkley Ltd may in its sole discretion terminate or suspend Your access and use of this Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. You agree that Dean Chalkley Ltd shall not be liable to You or any third party for any termination of Your access to any Materials and/or the Site.

 

Governing Law; Consent to Jurisdiction

You agree that these Terms of Use are governed by the laws of England and that proper and convenient venue lies exclusively with the English Courts. You agree to be subject to the jurisdiction of the English Courts in the event that any litigation results concerning any aspect arising out of these Terms of Use.

 

Miscellaneous

This Terms of Use constitutes the entire agreement between You and Dean Chalkley Ltd with respect to the Site. If any provision of this Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

You acknowledge that you have read these terms of use, understand it, and agree to be bound by it. You further agree that it is the complete and exclusive statement of the agreement between you and Dean Chalkley Ltd which supersedes any proposed or prior agreement, oral or written, and any other communications between you and Dean Chalkley Ltd relating to your use of the site.

 

Address for returns:

Dean Chalkley Ltd, Dove House, 109 Bartholomew Road, London NW5 2BJ