Terms and Conditions
This is the default information for terms and conditions.
Standard Terms of Trading via the Internet
This document sets out the terms and conditions upon which we Artforum will sell goods to you when ordered via this website [www.momijishop.com]
Orders
The goods we normally have available for sale are set out on the website. The goods may be available.
You should place your order by looking through the website and adding the goods you wish to buy to the shopping basket. When you are happy that you have the goods you want you should proceed to the checkout.
Once you have placed your order at the checkout this will be an offer by you to purchase the goods from us. You will be given an opportunity at the checkout to ensure that your order is accurate.
Your order will be confirmed as having been placed when we send you an email confirming that we have received your order. However this will not be a binding contract between us until we confirm to you that items in your order have been dispatched.
Delivery
We will try to ensure that we deliver the goods in your order by the time we say we will. However the time is approximate and delivering may be delayed.
We will try to deliver the goods you ordered in the sequence you ordered them but we cannot be held to this. Time will not be of the essence for delivery.
When the goods are available to be delivered to you, you need to ensure that you make arrangements for them to be collected.
If you refuse to take delivery of any of the goods in your order we will not deliver any more goods in the order to you. We will take it in these circumstances that you are repudiating the contract for supply of the goods ordered and we will be able to claim from you damages that we incur as a result.
Price
The price you pay for the goods in your order should be those set out on the website on the date you placed your order. Delivery charges will be added on top.
The price must be paid via the website at the time of placing your order. If you do not pay at that time your order will not be placed.
Your order will not be dispatched until we receive cleared funds. If your payment does not clear or is declined or does not clear for some reason then we will not dispatch your order and no contract will have been formed between us for the supply of goods.
If for some reason you owe us money under this agreement and you do not pay it on time then we reserve the right to charge you interest at 3% above [Barclays Bank] base rate on any outstanding sums.
[The cost of postage and packaging will be set out on the website and will be added to the price at the checkout.
Description of our Goods
The details and description of our goods on the website, in brochures and our price lists are a general guide. They do not form part of any contract which is formed between us.
We will however try to ensure that the description of the goods is accurate.
We may make change to the description of the goods from time to time.
Ownership
You will own the goods when we have received payment and the goods have been dispatched to you.
Risk in the goods will be yours when we have dispatched the goods to you.
Returns
We will replace goods free of charge if they are damaged when you receive them or if they are lost due to a fault of ours.
In addition you have a statutory right to return the goods. This is a period of seven days after you receive the goods. You must notify us within the 7 day period by email in order to return the goods.
If you wish to return the goods because of a defect or they are damaged then you must notify us within 3 days by email.
If the goods are returned by you then we will only reimburse the postage to you if it is due to a defect or damage on our part.
Once you have notified us by email, goods should be returned to:
Artforum Ltd
49A High Street
Henley in Arden
Warwickshire
B95 5AA
Tel 01564 795112
Liability
We will not be liable to you if there is any delay in supplying the goods to you.
We will not be liable to you if the goods are defective or damaged except that we will either replace such goods for you or refund to you the price if we are unable to replace or repair the goods in question.
Whilst you accept that the warranty we give above is the only remedy you have for damages or defective goods such warranty will only apply if you have paid for the goods in full.
Whatever the circumstance we will not be liable to you for any economic loss, damages, costs or any other expenses you suffer as a result of the supply to you of damaged or defective goods and any liability will be limited to the price you paid under any contract.
Any limitation set out in this agreement will not apply to personal injury or death caused by our (or people acting on our behalf) negligence, liability caused by fraud or any other liability which we are not permitted to exclude by law.
We will further not be liable if there are any errors, omissions or mistakes in the website or our sales literature.
Customer warranty
When placing an order you are setting out that you are authorised to place the order and there is nothing which will prevent us from supplying to you.
General
This agreement and any contract formed between us cannot be varied unless we agree to it in writing. Such an agreement can only be made by a person authorised by us. We will not be bound if the person you think has made a variation does not have such authorisation.
If any contract formed under this agreement is not capable of being performed due to circumstances beyond out control we will inform you as soon as possible. Once again we will not be liable to you in these circumstances.
English law shall apply to this agreement and any contract formed under this agreement. You agree that any disputes arising from our contracts formed from this agreement will be heard in the Courts of England.
Data Protection
We will keep your details to the extent we need to complete your orders and to provide you with any offers we may have in the future.
We will not pass your information on to anyone else unless we have to by law or as we need to ensure that any order you place contract can be fulfilled.
If you do not want to be informed of any offers please contact us at hello@momijishop.com.
Complaints
Any complaints about the website or any contract or order made under this website should be done by email to hello@momijishop.com.
Intellectual Property
All intellectual property rights of any nature contained on the website are ours used under licence. Nothing in this agreement shall confer any right to such intellectual property.
You may however copy the website in order to view the website when perusing or purchasing goods.
You agree that you will not in any way copy the website or its contents.
You may link to the website but by doing so you agree that you will indemnify us if any action is taken as a result of such a link.
Also any link is subject to these terms and conditions.
Linking may only be to the homepage and not a clear link to any pages contained within the website.
Submitting images
When uploading images in the blink section please be aware that once you have uploaded your images they will licensed to Artforum Ltd, who reserve the right to display them on www.momijishop.com and in other promotional material.
All your approved images will be stored in your momijishop account and if you do not want them to be shown on www.momijishop.com any longer you can delete them. Once they have been deleted from the blink section on www.momijishop.com by uploading the image you license Artforum still to use the images on promotional material.
All images will be resized to fit into the gallery, so it doesn’t matter how wide your image is, but it must be the correct format (gif, png, jpg, jpeg or bmp) and the filesize must be less than 2Mb.
If Artforum do use your images we will acknowledge you as the source of the image. However the use of the image is at Artforum’s discretion. Artforum will not use the image in any way which is defamatory, derogatory, upsetting or offensive, but as a result of uploading the image you agree that you are waiving your moral rights to the image
When you send images you are warranting to us that you have the right to use the files for the purposes of this upload and the use that Artforum will put the images to. If you do not and Artforum incur any costs or loss as a result then you agree that you will indemnify us for any losses or costs incurred.
You must ensure that the images you upload are free from any virus or harmful code. If you do not and Artforum incur any costs or loss as a result then you agree that you will indemnify us for any losses or costs incurred.
You must not upload anything that is illegal , infringe upon anyone elses intellectual property rights, is criminal, which may offend generally accepted principles of morality, offend minority groups, encourage terrorism or other seditious activity, incite violence or hatred or be used in pornographic activity. Once again if Artforum incur any costs or loss as a result then you agree that you will indemnify us for any losses or costs incurred.
If we receive any complaint regarding any image we will immediately take it down from the site. Artforum will then refer the complainant to you in respect of the image which has been displayed. Where Artforum are required to do so by law or where in Artforums opinion there is a likelihood that it will face court action with a reasonable prospect of success then Artforum reserves the right to disclose to the complaining party your details. Once again if Artforum incur any costs or loss as a result then you agree that you will indemnify us for any losses or costs incurred.