TERMS & CONDITIONS FOR ARTWORK PURCHASE AND COPYRIGHT
I have tried to write these terms and conditions with ease for you to read. I have provided headings so you can read the sections most informative to you, but I suggest you do read through all the text as some sections will link and other will expand. Please do email me for clarification or to ask questions I have not answered.
Welcome to my website. The Terms and Conditions together with my Privacy Policy govern www.evangastudios.co.uk relationship with you in relation to our products and services. The term ‘www.evangastudios.co.uk or ‘us’ or ‘we’ or ‘Evanga Studios’ refers to the owner of the website whose registered office is 5 Brookes Court, St Georges Street, Winchester, Hampshire, SO23 8AP England. The term ‘you’ refers to the user or viewer of our website.
If you continue to browse, use and access www.evangastudios.co.uk and its products available, you are agreeing to comply with and be bound by the following terms and conditions of use. By using the services, you are agreeing to all terms and conditions without modification. The content of electronic and printed material set by Evanga Studios is for your general information and use only. This includes images. You also acknowledge that the terms may be updated occasionally. Evanga Studios has the right in its discretion at any time to remove, amend or vary any of the content without notice, which appears on any electronic and printed material set by Evanga Studios. Evanga Studios may terminate or suspend any part of the Service without any notice to you.
COPYRIGHT
The text, images, and data, artwork and material on electronic and printed are protected by copyright and may be covered by other restrictions as well. Evanga Studios retains all rights, including copyright, in data, images, artwork, software, documentation, text, and other information contained electronically and printed. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, Evanga Studios. Each individual artist whose work is represented by Evanga Studios retains all copyrights and other rights to their own work, and has given their permission for their work to be displayed here. Copyrights also apply to purchased artwork and other printed material. You may not under any circumstance reproduce a purchased print in any form without prior consent. When purchasing artwork, this gives you ownership only, not copyright.
DOWNLOADING
You are not permitted to download, redistribute or extract any information on electronic and an printed material in whole or in part other than for your personal, non-commercial use. You may not reproduce, modify or in any way commercially exploit any of the information produced by Evanga Studios without first obtaining permission.
COPYRIGHT RESTRICTIONS
Reproduction or publication (in whatever form) of all or any item (including all images) displayed is strictly prohibited.
USE OF COPYRIGHTED MATERIAL ON OTHER WEBSITES
For the use of Evanga Studios material on your website, there is normally no charge, but you must seek permission first and you will be asked to give credit for the graphics / designs / screensavers, and to provide an image link back to Evanga Studios
The material includes the use of images for decoration, logos or web graphics, the distribution of the screensavers, and / or use of the web design. Your site must be suitable for general family viewing, and contain no material which could be considered offensive, hateful, racist or adult-rated.
Commercial Websites : A fee may be negotiated for the use of material from Evanga Studios on commercial websites
PRINTING / PUBLISHING OF COPYRIGHTED MATERIAL
Commercial printing projects of any nature, for example in advertising, for calendars, greetings cards, posters or prints, book and CD covers, company stationary or logos, corporate art MUST be with prior negotiation with the individual artist(s) only.
BUYER’S TERMS AND CONDITIONS
These terms and conditions do not affect your statutory rights.
We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
We have the right to terminate any contract between us without penalty. In the event of termination we shall refund to you all sums paid by you to us.
Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have a complaint, contact us.
These terms and conditions are subject to change at any time without prior notice to you
DELIVERY
We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside of our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods unless caused by our negligence.
Should delivery be delayed for more than 21 days you have the right to contact us and refuse to accept the goods. In this case we will refund any money paid by you for the goods.
As soon as we have delivered the goods you will be responsible for them. If you delay accepting a delivery, our responsibility for everything other than damage due to our negligence will end on the date the carrier tried to deliver the goods to you.
IMPORTANT NOTICE: time limit for notification of claims. If goods arrive in a damaged condition you must inform us within 14 days. Our Returns Department will arrange the return of these goods and we will replace the goods at no charge or refund any money paid for the goods. IF YOU DO NOT DO THIS WE SHALL HAVE NO LIABILITY FOR GOODS SAID TO BE DAMAGED ON DELIVERY.
Delivery to Addresses within the mainland:
Your parcel will be delivered to you by the Royal Mail Special Delivery service, and will be fully insured against accidental damage, delay or loss in transit (terms and conditions apply). You will be required to sign personally for your package. Once you have accepted the package as having been delivered in good condition, we will not accept any further liability for damage or loss. Your statutory rights are not affected.
If it is your opinion that the package has been damaged in any way during transit, you must indicate this to the carrier at the time of delivery by signing for the goods as \"damaged\". Failure to do this will make your insurance for the package null and void, and you will not be entitled to a replacement or refund. In the rare event of damage all packaging must be kept for inspection by the carrier. The item must be available for inspection in the state it was delivered, at the address it was delivered to. If the item is moved / repaired or if the packaging is not kept any claim will be voided.
Delivery to Addresses outside the mainland :
Your parcel will be delivered to you by the Royal Mail International Signed For service, and will be fully insured against accidental damage, delay or loss in transit. The insurance is subject to the same terms listed above. In addition you may be subject to local customs and excise charges in your own country, for which you will be responsible.
PRICES
The price for the goods will be as stipulated at the time when you place your order. We are entitled to make adjustments to the price to take account of any increase in our supplier\'s prices, or the imposition of any new taxes or duties, or if due to an error or omission the price published for the goods on our website are wrong. We will inform you of the correct price and give you an opportunity to cancel the order. If the goods have already been delivered, we will give you an opportunity to return the goods and receive a full refund of the price and any delivery charges you have paid for the goods.
All prices on our website are inclusive of VAT and normal delivery but exclusive of optional guaranteed next day delivery and insurance charges which will be payable as indicated at the time of placing your order. If you do not accept the delivery charges you will have an opportunity to exclude these from the total charges.
The Customer shall not be entitled to withhold payment of any amount payable under the Contract to the Company because of any disputed claim of the Customer in respect of faulty Goods or any other alleged breach of contract or otherwise nor shall the Customer be entitled to set off against any amount payable under the Contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability. All invoices are to be paid in sterling unless alternative arrangements have been agreed between the Customer and the Company.
OWNERSHIP
You will only own the goods once we have received payment in full and cheques have been cleared.
AVALIBILITY
Goods are subject to availability. If we do not supply the goods for any reason we will not charge you for these goods and we will refund any money already paid for the goods. However, we will not be responsible for compensating you for any other losses which you may suffer if we do not supply goods.
We try to stock all of the items shown on www.evangastudios.co.uk at all times. Where an item is out of stock, this will be indicated in the availability information. (We may be stocking the item again if the product is popular or if someone returns the item if is does not fit. So please keep checking the website to see if it becomes available again.) This does not extend to other electronic or printed material, but we endeavour to make sure all products advertised are available to order at all times.
PROCESSING YOUR ORDER
We aim to process your order within 48 hours. The majority of our products are dispatched within two or three days of the time of your order. If for any reason your product is not available or if it takes longer to dispatch your package we will inform you. You will be given the option to cancel your order. If part of your order is not in stock, we will dispatch separately as soon as they become available at no extra cost to you.
Please allow up to 30 days for delivery within and the rest of the world. Delivery timescales/dates specified on all electronic and printed material, are estimates only. We endeavour to meet such timescales/dates, but do not undertake to dispatch Products by a particular date or dates and shall not be liable to you in respect of delays or failure to do so. If we have not delivered the products within 30 days of the date given in our acceptance you may cancel the contract and we will refund any money paid by you – Unless the item is marked as MADE TO ORDER in which case we will have contacted you to confirm an extended delivery date.
DELIVERY
Delivery shall be to a valid address within the Territory submitted by you. You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order. All of our packages are delivered by Royal Mail or Parcel Force and we deliver worldwide. Someone will need to be at the given address to sign for the order. If you are not in to receive your parcel the carrier will leave a card telling you how to obtain your parcel. Deliveries to the will take 3 or 4 days from the despatch date, deliveries to the can take up to 14 days from despatch date. Delivery to the rest of the world will take between 2 weeks to 4 weeks from dispatch until they arrive. For deliveries within the UK postage and packaging is £3.00. For deliveries to Europe postage and packing is £4.00. For deliveries to the Rest of the World there is a £5.50 postage charge.
METHOD OF PAYMENT
If you are paying with your credit card from overseas, you will be charged the price in pounds sterling, and your credit card merchant will convert this into your local currency. Payment by cheques is accepted, but you will need to email for a postal order form as you will not be able to pay via website checkout.
PRODUCT DESCRIPTIONS
Every care has been taken to ensure accuracy of description, specifications, colour and price of all products. However, these may change due to circumstances beyond our control. Sizes are given as a guide only. Please be aware that handmade items are subject to variations in size, colour and shape owing to the unique nature of the product.
EVANGA STUDIOS GUARANTEE
We regret that piercing products such as earrings for pierced ears cannot be returned, nor underwear for hygiene reasons.
Refunds will be issued within 30 days of receipt of the returned goods. A refund will be issued for postage paid only when the item is found to be defective or incorrectly supplied from the original order.
Please note that when returning an item, the parcel is your responsibility until it reaches us. We recommend that you ask your Post Office for a proof of posting (available free of charge). This guarantee does not affect your statutory rights.
COOLING OFF PERIOD - RETURNING WITHIN 7 DAYS
Please note that when returning an item, the parcel is your responsibility until it reaches us. We recommend that you ask your Post Office for a proof of posting (available free of charge). This guarantee does not affect your statutory rights.
As a consumer, you will have a legal “cooling off period” of up to seven (7) working days after the date of delivery of the Products during which you may cancel your order for any reason without penalty. Such right to cancel under this period terminates if you use the products and does not apply to Made to Order, bespoke or customised Products made specifically to your order.
Please do not mail back the goods to us without contacting us first. You need a returns number first. To cancel without penalty you must first tell us in writing, stating the fault and the details of your purchase (dates, prices, payment method etc) quoting your order number/invoice number (This can be found on the delivery notice) within 7 days to: Donna Vokes at the addresses at the top of the page. The notice will be treated as given on the day it was delivered to the above address (by hand); date of posting (if sent by post); date of fax transmission (if sent by fax); date of email. If possible, please also attach a digital image of the fault. If your product has left us in a faulty condition, we\'ll refund you both the price of the goods and the cost to post it back to us.
We will then issue you with a return number and you will be asked to mail the goods back. You will be given a further 14 days from the receipt of the order number to return the goods. (In its original packaging and with all relevant documentation for an insurance claim with the courier company.)
We will issue a refund within 30 days.
A refund will be issued for postage paid only when the item is found to be defective or incorrectly supplied from the original order.
ALL OTHER REFUNDS –UP TO THE 14TH DAY
Such right to cancel under this heading does not apply to Made to Order, bespoke or customised products made specifically to your order.
Refunds will be issued within 30 days of receipt of the returned goods.
A refund will be issued for postage paid only when the item is found to be defective or incorrectly supplied from the original order.
Please note that when returning an item, the parcel is your responsibility until it reaches us. We recommend that you ask your Post Office for a proof of posting (available free of charge). This guarantee does not affect your statutory rights.
Please do not mail back the goods to us without contacting us first. You need a returns number first. To cancel without penalty must first tell us in writing, stating the fault and the details of your purchase (dates, prices, payment method etc) quoting your order number/invoice number (This can be found on the delivery notice or invoice) within 7 days to: Donna Vokes at the addresses at the top of the page. The notice will be treated as given on the day it was delivered to the above address (by hand); date of posting (if sent by post); date of fax transmission (if sent by fax); date of email. If possible, please also attach a digital image of the fault. If your product has left us in a faulty condition, we\'ll refund you both the price of the goods and the cost to post it back to us.
We will then issue you with a return number and you will be asked to mail the goods back. You will be given a further 14 days from the receipt of the order number to return the goods. (In its original packaging and with all relevant documentation for an insurance claim with the courier company.)
When we have received the goods, the goods will undergo further inspection. When we are satisfied with your reasoning for returning, we will issue a refund or replacement(s), whichever is requested and depending upon availability within 30 days. (Those applying under the cooling off period will automatically receive a refund)
We issue you with a refund within 30 days. A refund will be issued for postage paid only when the item is found to be defective or incorrectly supplied from the original order.
We advise you to print and keep safe a copy of these Terms and Conditions.
We have tried to make this as easy as possible to read and understand. If your circumstances are difficult (Will be away, the artwork is for a gift), or you need clarification, please email Donna vokes at: donnavokes@hotmail.com