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'The Dancer'

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Terms and Conditions:
 

Terms and Conditions - Purchase and Sale of 'The Dancer' In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting our terms and conditions. “Ourselves”, "Our", “We” and "Us", refers to the Sellers, that is, those that are offering for sale a sculpture in bronze, herein referred to as: 'The Dancer'. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of our stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. Privacy Statement We are committed to protecting your privacy to the best of our ability. Confidentiality Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so by the appropriate authorities. Clients have the right to request sight of, and copies of, any and all Client Records perrtaining to themselves that we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products. Disclaimer - Exclusions and Limitations The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, we: - Exclude all representations and warranties relating to this website and its contents including in relation to any inaccuracies or omissions in this website and/or our literature; and - Exclude all liability for damages arising out of or in connection with your use of this website, or the information contained herein. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. Payment Cash or Bankers Draft or BACS Transfer or Telegraphic Transfer are all acceptable methods of payment. Our Terms of payment are that 25% of the agreed price shall be paid by the Client, as a non-refundable deposit, upon placing the order with us for a copy of 'The Dancer' - such deposit to be held in escrow at Escrow.com, pending our delivery of 'The Dancer' to the Client. The balance of the agreed purchase price shall be paid by the Client into escrow, at Escrow.com, 2 weeks prior to delivery by us to the Client of 'The Dancer'. We shall notify the Client, in writing, 2 weeks prior to delivery of 'The Dancer'. Upon confirmation that the balance of the funds have been received by Escrow.com, we shall commence the delivery process of 'The Dancer' to the Client. Upon the Client's receipt of 'The Dancer', 100% of the payment for 'The Dancer' shall immediately be released to us by Escrow.com upon the Client's confirmation to Escrow.com of receipt of 'The Dancer'. The Client agrees to accept 'The Dancer' on an 'as is' basis, as delivered, and it is agreed that the Client cannot return 'The Dancer' to us following receipt of 'The Dancer' for any reason, nor shall any funds be refunded to the Client, following receipt of 'The Dancer'. All goods remain our property until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of delivery by us of 'The Dancer' via collection Agencies and/or through the Courts. In such circumstances, the Client shall be liable for any and all additional administrative and/or court costs. Cancellation Policy, Termination of Agreements, and Refunds Policy: The Client may cancel the order for 'The Dancer' - and Terminate the Agreement to Purchase - up to, and including, 2 weeks prior to the date of delivery to the Client of 'The Dancer', such date of delivery having been notified by us to the Client in writing. The 25% deposit shall be non-refundable to the Client, and, upon our receipt of the Client's notification of cancellation of the order, Escrow.com shall hereby be authorised to automatically release the 25% deposit to us. Notification of cancellation may be made in handwritten form, or via email, or mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to it being a confirmation in writing. Availability 'The Dancer' is offered as a Limited Edition sculpture in bronze depicting a female figure. Each copy of 'The Dancer' shall be individually cast in bronze, individually numbered, and personally signed by the artist. It is understood, and agreed, that delivery of 'The Dancer' to the Client shall be within 4-6 weeks - or upon an alternative date as agreed between the parties - of the receipt by us of the Client's order, and Escrow.com's confirmed receipt of the Client's 25% deposit. The Client is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of us. We do not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of our ability. Log Files We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only by us on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission. Cookies Like most interactive web sites this website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. Links from this website We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. Copyright Notice Copyright and other relevant intellectual property rights exist on all text relating to the full content of this website. Communication We have several different e-mail addresses for different queries. These can be found on our Contact Us website page, and via the ‘How to Order’ link on our website. Force Majeure Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein. Waiver Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. General The laws of England and Wales govern these terms and conditions. By accessing this website and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by us. Notification of Changes We reserve the right to change these conditions from time to time as we sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. The Client's accessing of this website and/or undertaking of an Agreement to purchase 'The Dancer', indicates the Client's understanding, agreement to, and acceptance of, the Disclaimer Notice and the full Terms and Conditions contained herein. The Client's statutory Consumer Rights are unaffected. © 'The Dancer' - 2023 - Aston James - All Rights Reserved

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