Terms & Conditions
Terms & Conditions
1. Disclaimer of warranty; Liability limitation
Thomas W Kelly does not guarantee, represent, or warrant that your use of this website service will be uninterrupted or error-free, and you agree that from time to time Thomas W Kelly may remove or alter this website service for indefinite periods of time, or cancel this website service at any time, without notice to you.
You expressly agree that your use of, or inability to use, this website service is at your sole risk. This website service and all products and services delivered to you through this website service are "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
2. Intellectual Property
You agree that the products and services supplied by Thomas W Kelly, including graphics, logos, books, digital goods, audio recordings, videos, articles associated with his creative works are the sole intellectual property of Thomas W Kelly (unless otherwise stated in the Credits section of this website or legal disclaimer included with the product) and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such materials in any way whatsoever except for use of this website service in compliance with this agreement. No portion of this website, it's contents or of Thomas W Kelly creative works may be reproduced in any form or by and means, except as expressly permitted in these terms. You agree no to modify, rent, lease, loan, sell, distribute, or create derivative works based on this website service or creative works by Thomas W Kelly in any manner, and you shall not exploit this website service in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
This statement is true except for where third party services are used to supply website services.
3. Placing Orders for Goods
3.1 By placing an Order on the Site, you are making an offer to enter into an agreement to purchase the product(s) in that order. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.
3.2. Each Order you place will be a separate contract. Each product in your Order is either sold by Thomas W Kelly or the Third Party Seller specified as the seller of the product on the relevant product page.
3.3 A purchase receipt will be issued at the time the Goods are purchased online and sent as an email.
3.4. You acknowledge that all Goods purchased under these Terms are intended for personal non-commercial use only and will not be re-sold.
4. Availability of Goods
4.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
4.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time and without notice. Thomas W Kelly will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.
4.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us in accordance with the Return Policy.
4.4. Thomas W Kelly reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), We will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, in accordance with the Return Policy, and Thomas W Kelly will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
4.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
4.6. You acknowledge and agree that:
a) all pictures and images of Goods displayed are for illustrative purposes only;
b) any accessory featured with the Goods is for illustrative purposes only, and may be sold separately; and
c) where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good).
5. Price and payment
5.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
5.2. All Prices are in Great British Pounds and, if tax applies, inclusive of tax. Any fees and charges (including Delivery Fees) imposed by your country where your goods are delivered are your responsibility to pay.
5.3. We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 4.4 will apply).
5.4. Payment methods are specified on the Website or explained by email prior to purchase. The name on any credit card used for payment must match the name on the Order. Cheques cannot be used as a payment method for any purchase from the Site, including for the payment of Orders.
5.5. Any payment for an Order must be cleared by Thomas W Kelly before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
5.6. Thomas W Kelly reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
6. Order cancellations and returns
Please see the Return Policy page.
8.1. We may, at our discretion, terminate the agreement for the supply of Goods to you:
a) for convenience, at any time, on giving notice to you; or
b) immediately if We reasonably believe that you have breached these Terms and:
a. that the breach is not capable of remedy; or
b. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
9.2. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
9.3. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
9.4. Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.
10. The laws of United Kingdom govern this agreement. Your transaction is deemed to have taken place in England.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Us to deliver Goods.
Delivery Fee means the applicable fee for the delivery of Goods.
Goods means the items offered for sale on the Website.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
myaccount means your thomaswkelly.com/shop online account through which you can facilitate your Order.
Thomas W Kelly means the Sole Trader and artist by name of Thomas William Kelly.
Order means a request by you to purchase Goods from Thomas W Kelly or a Third Party Seller under these Terms.
Personal Information has the meaning given by the ICO here.
Price means the purchase price of each Good as
specified on the Website.
Returns Policy means the Returns Policy for this website.
Third Party Seller Order means a request by you to purchase Goods from a Third Party Seller under these Terms.
Website means the sites available from thomaswkelly.com
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us and Our means Thomas W Kelly, colleagues assisting him to fulfil orders or website maintenance, in respect of an Order and/or a Third Party Seller in respect of a Third Party Seller Order. you and your means you as the purchaser of Goods from Thomas W Kelly and/or a Third Party Seller, as applicable, pursuant to these Terms.