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Terms and Conditions


Ownership

Welcome to the Web site www.freshfineart.com (the "site") which is owned by Fresh Fine Art. This Site is operated by Fresh Fine Art, and materials on the Site are owned, for the most part, by Fresh Fine Art, the respective publishers or artists, or its affiliated companies. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Fresh Fine Art. Fresh Fine Art has created this site to offer you a rich and diverse list of fine arts.

You are only authorized to purchase products, to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these terms of Use, which constitute an Agreement between you and Fresh Fine Art. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with this Site should be sent to the Site Administrator
Fresh Fine Art reserves the right to modify or amend this agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
Access and Use
The materials published on this Site and the products available on this Site are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or purchase material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the purchased material.
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of the materials published on this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Novelarts or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute in digital form the online materials found on this Site.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials published on this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Disclaimer of Liability and Warranties
While Fresh Fine Art does its best to ensure the optimal performance of the site, you agree that you use this site and rely on material contained in this site at your own risk.
The site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Fresh Fine Art DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; that the Site is accurate, error free or reliable; or that the electronic products delivered to your personal computer, computer system, network or other device will not damage your hardware or any software or electronic files stored thereon.
You acknowledge that Novelarts, and it's affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Fresh Fine Art is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site. Fresh Fine Art excludes all liability to the fullest extent permitted by law but, for the avoidance of doubt, does not seek to exclude or limit liability for death, personal injury or fraudulent misrepresentation.
In the event that Fresh Fine Art is held to be liable to you under the terms of this agreement, Fresh Fine Art's liability to you shall be limited to the cost of the product purchased by you.
Return Policy
Fresh Fine Art are only able to accept returned products, if the following criteria applies:
  • They were damaged on receipt
  • They were defective
  • They were incorrect items
On all returns, Fresh Fine Art STRONGLY RECOMMENDS the use of recorded delivery when returning all items.
Delivery Policy
We will ship your order securely via courier will not leave your order without first obtaining a signature. If you foresee problems with obtaining a signature from the home delivery address, we advise suggesting an alternative address (such as a neighbor). Failure to obtain a signature for the item will result in the item being sent back to the courier for next day delivery. If you are not at home on the second collection, the item shall be left at the Couriers depot and await direct collection for 4 days. At this point it is your responsibility to contact the courier and arrange collection of your item.
An anticipated delivery date shall be specified via confirmation of order e-mail as soon as possible. A further e-mail shall be sent confirming the delivery prior to dispatch.
If for any reason you are unhappy with a product you have purchase from Novelarts.co.uk, and want to return the product, you must inform Fresh Fine Art via the following address sales@freshfineart.com within 7 days of receipt of the product stating your reason for the return. Please Note all image sizes are approximate and rounded to the nearest unit. If you have chosen to frame your picture, unless there is fault error or damage, we are unable to accept returns as the frame is custom made for you and excluded from long distance selling regulations.
It is the policy of Fresh Fine Art that in the case of a returnable fine-art product, once the client has informed us of the desire to return the product, Fresh Fine Art shall arrange for collection of the item.
If Fresh Fine Art are notified within 7 days of receipt of product and the desire to return the product, once we have received the product back at our stores, in the original condition and packaging, Fresh Fine Art shall issue a full refund for the cost of the product minus the cost of shipping and collection.
NA are only able to accept returned products, if the following applies:

 

Indemnity
You agree to defend, indemnify and hold harmless Fresh Fine Art, and its affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable legal fees and costs) arising out of your use of this site, your breach or alleged breach of this agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Other
The price of the product shall be the price quoted on the Site on the date of the acceptance of the offer by Fresh Fine Art, subject to any inadvertent pricing errors (whether technical or otherwise) by Fresh Fine Art. Whilst every endevour is made to keep the information on the site current, almost all items are limited edition prints and can at any time sell out of edition. By placing your order does not guarantee availability and your payment will only be charged once we are sure your order can be fulfilled.
Payments shall be authorised by credit / debit card on the date on which the order is accepted by Fresh Fine Art. The Credit / debit cards accepted by Fresh Fine Art those listed on the Site on the date on which your order is processed via Shopify or Pay Paypal.
A person not a party to this agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce its terms.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by, and construed in accordance with, the laws of England without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the English courts any dispute arising in connection with this Agreement or your use or non-use of the Site. If you have any questions, you can contact Novelarts at Hopper House, Allestree, Derby, Derbyshire DE22 2NQ
Linked Sites
If Fresh Fine Art has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Fresh Fine Art is connected with, operates or controls these web sites unless otherwise stated.
Fresh Fine Art is not responsible for the content or practices of third party Web sites that may be linked to this Site. This Site may also be linked to other Web sites operated by companies affiliated or connected with Fresh Fine Art. When visiting other web sites, however, you should refer to each such Web site's individual "Terms of Use" and not rely on this the e-mail address or fax number on the Site.

Force Majeure

If we are hindered or prevented from performing our obligations under these terms, for any cause beyond our reasonable control or by reason of our inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, we may at our sole option delay the performance of, or cancel the whole or any part of the contract. In that event, we shall not be held responsible for its delay or cancellation or any inability to deliver.

Governing Law

English law governs these terms. You and we submit to the non-exclusive jurisdiction of the English courts.

Entire Agreement

These terms constitute the entire understanding between you and us in relation to the site. They supersede any other terms stipulated by you, whether in any order or during any negotiations or any course of dealing established between you and us.
All descriptions, illustrations and indications of price of content provided in the site or otherwise communicated to you are for guidance only and intended merely to present a general idea of the content. Nothing contained in any such description, illustration or indication of price shall form any part of these terms.