CULTURELABEL - GENERAL TERMS AND CONDITIONS
These are the terms on which you may use this website and the services that Culturelabel UK Limited (company number 09258940) of 17-19 Garway Road, London W2 4PH (a company formed in England whose registered number is 09258940) and whose trading address is CultureLabel, 17-19 Garway Road, London W2 4PH (“CultureLabel”) provide to you.
You are sometimes referred to in this User Agreement as "you" or a User. CultureLabel is sometimes referred to in this User Agreement as "we" or "us". Please read these terms and conditions carefully. This governs your access to and use of the services and the Site including any content, information, personal information, products or services therein. This is a legal agreement between you and CultureLabel. If you have any queries regarding these terms and conditions please email us at lucy.baxter@CultureLabel.com
If you wish to become a user of the site you are required to accept these terms and conditions.
Definitions and interpretation
“Supplier” Means the Company or Organisation That CultureLabel Represent on the Site
“Own Art” Own Art is an Arts Council England initiative operated by Creative United, a registered trademark of Creative Sector Services CIC a Community Interest Company, in partnership with Creative Scotland, Arts Council of Northern Ireland and our credit provider Hitachi Capital Consumer Finance.
“CultureLabel” means CultureLabel UK Limited registered in England and Wales under company registration number 09258940 with its registered office at 17-19 Garway Road, London, W2 4PH;
These terms and conditions are valid from 27th October 2015
We have recently updated our terms and conditions in accordance to the Consumer Rights Directive (CRD).
1 Eligibility to use the Site
1.1 By using the Site and, where applicable, by registering as a Registered User you warrant to us that you have the right, authority and capacity to agree to and to abide by these terms and conditions and that you agree to and will at all times abide by these terms and conditions.
1.2 You must not use the services if we have terminated these terms and conditions with you or if your registration has been terminated or your use of the use of the services has otherwise been terminated pursuant to these terms and conditions.
These terms and conditions take effect from your first use of the Site and will continue to apply at all times while you use the Site or while you remain a Registered User (if applicable). Some of the provisions remain in force after you have ceased to use the Site or after termination of your registration account.
3.1 By using the Site or registering as a User you will be deemed to have accepted these terms and conditions.
3.2 Viewing the public pages of the Site is free. We do not currently charge fees for registration as a Registered User.
3.4 You warrant that all data provided by you is honest, truthful and accurate.
3.5 3.4shall remain in effect after termination.
4 Registered Users
4.1 In order to enjoy the following services you must create an account and become a "Registered User". As a Registered User you will be entitled to:
(a) Receive general email updates;
(b) Receive personalised email(s);
(c) View your purchase history and current order status;
(d) Personalise certain areas of the Site;
(e) Enter into competitions, take advantage of special offers which may be offered from time to time at the sole discretion of CultureLabel.
4.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party except your authorised representatives. You will be responsible and liable for any activity carried out on the Site under the use of your user identification code or password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if the Site becomes unavailable for any reason.
4.3 You may terminate your Registered User account at any time by sending a notice to us at the address set out in the Notices section (below). Account closure cannot be made retrospectively.
4.4 Even after your Registered User is terminated, certain provisions of these terms and conditions remain in effect.
5 Information about us
CultureLabel UK Limited is registered in England and Wales under company registration number 09258940 with its registered office at 17-19 Garway Road, London W2 4PH. Our main contact address is CultureLabel, 17-19 Garway Road, London W2 4PH. You can contact us by email at: firstname.lastname@example.org
For the purposes of Own Art Culture Label acknowledges and take on all liabilities under the Consumer Credit Act on behalf of the supplier.
6 Information about you and your visits to the Site
7 Accessing the Site and our Services
7.1 We reserve the right in our discretion to withdraw or amend the Site or any of the services we provide at any time without notice.
7.2 We will endeavour to keep any disruptions to the Site or such services to a minimum, however, we will not be liable in any circumstances if for any reason the Site or any part or parts of the Site or any or all of our services is/are unavailable.
7.3 We may revise these terms and conditions, or any part or parts of it, at any time either by sending an email or by posting the amended terms on the Site and, unless otherwise specified in these terms and conditions changes will take effect from the date of notification. You should check these pages regularly as by making continued use of the Site the updated User Agreement will be binding on you. If you do not agree to any such revision(s) your sole remedy is to cease using the Site and (if applicable) cancel your Registered User account.
7.4 We restrict access to certain areas of the Site and / or services to Registered Users.
7.5 You are responsible for making all arrangements necessary for you to have access to the Site. If any other person accesses the Site and / or uses our services through your internet connection you will be responsible for any use they make of the Site including any failure by those persons to comply with these terms and conditions.
8 Acceptable use
8.1 The Site and the products, content, forums, events and services (together with any new features which may add to augment or enhance any of the foregoing) from time to time made available at or through the Site are collectively referred to in these terms and conditions as “CultureLabel’s Services”.
8.2 You may use CultureLabel’s Services only for lawful purposes and as permitted by this User Agreement and our policies from time to time. Without limiting the foregoing, you shall not use CultureLabel Services:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm any person (including without limitation any minor) in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material (“Content”) which does not comply with these terms and conditions.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To transmit any data, send or upload any material that contains any virus, Trojan horse, worm, time-bomb, keystroke logger, spyware, adware or any other harmful programs or similar computer code which is or which is designed to adversely affect the operation of any computer software or hardware.
(g) To harvest or otherwise collect any Registered User’s or other User’s email address.
(h) To circumvent or modify, or to attempt to circumvent or modify, or to encourage or assist any other person in circumventing or modifying any security technology or software.
(i) To cover or obscure any advertisements on any page on the Site via HTML/CSS or any other means.
(j) To make any automated use of the system, including but not limited to, using scripts to send comments or messages.
(k) In a manner which interferes with, disrupts, or creates any undue burden on the Site or CultureLabel’s Services or any of the computers, networks or services connected to the Site.
(l) In a manner which impersonates or attempts to impersonate any person or entity.
(m) By using the account, username, or password of any other Registered User at any time or disclosing your password to any third party or permitting any third party to access or use your account or Profile.
(n) To use any information obtained from the Site or via CultureLabel’s Services in order to harass, abuse, or harm another person or entity, or to attempt to do the same.
(o) To perform or accept payment or anything of value from a third person in exchange for performing any commercial activity through the unauthorised or impermissible use of CultureLabel’s Services on behalf of that person or otherwise.
(p) In any way that is in breach of this User Agreement.
8.3 You agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of CultureLabel’s Services in contravention of this User Agreement.
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of the CultureLabel Services;
(ii) any equipment or network on which the Site is stored;
(iii) any software used in the provision of the Site or CultureLabel Services; or
(iv) any equipment or network or software owned or used by any third party.
8.4 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack or otherwise.
8.5 By breaching the above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
8.6 We will not (subject to paragraph 12.1below) be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
8.7 We will determine, in our discretion, whether there has been a breach of this section 8 through your use of CultureLabel’s Services. When a breach of section 8 has occurred, we may take such action as we deem appropriate.
8.8 Failure to comply with section 8 of these General Terms and Conditions constitutes a material breach of this User Agreement and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal or termination of your Registered User status, or right to use CultureLabel’s Services or some or all of them.
(b) The issue of a warning to you.
(d) Legal proceedings against you including for reimbursement of all costs on an indemnity basis (including, but not limited to, all administrative and legal costs) resulting from the breach.
(e) Disclosure of such information to law enforcement authorities and, where appropriate in connection with a claim for infringement of any intellectual property right, to the lawyers acting on behalf of the owner of the rights concerned as we reasonably feel is necessary.
8.11 We exclude liability for actions taken by CultureLabel in response to any breach of this section 8 (subject to paragraph 12.1). The responses described in this section 8 are not limited, and we may take any other action we reasonably deem appropriate.
8.12 Section 8shall remain in effect after you cease to use CultureLabel’s services and after termination of this User Agreement.
9 Specific terms relating to product orders and purchases in relation to the Own Art scheme
To be eligible for consideration for the finance scheme, you must:
(i) be 18 or older;
(ii) be in permanent paid employment (over 16 hours a week), retired and receiving a pension,
be a houseperson with a partner in permanent paid employment or be self-employed/
(iii) be a UK resident (minimum of 12 months);
(iv) be able to provide acceptable proof of address and proof of signature;
(v) make payments by direct debit, and
(vi) be purchasing the Product for personal not business use.
Permanent paid employment is classed as an occupation where the customer is working more than
16 hours per week; this also includes someone who is in receipt of a permanent pension or personal
benefit, e.g. an invalidity or incapacity benefit.
Childminders applying for credit must be registered with OFSTED. Proof of this should be requested
from the Customer.
The following are not classed as being permanent paid employment and so would not be eligible for
- Temporary or Agency workers.
- Anyone whose main occupation is looking after someone else’s children and is not part of an
OFSTED registered business (e.g. grandparent, friend, neighbour).
- Foster carers with no other permanent paid employment.
- Students unless they are student nurses or student doctors.
- Supply teachers unless they have a fixed term contract with a specific named school.
9.2 For the purposes of Own Art the purchasing agreement is between you and CultureLabel.
9.3 The Own Art scheme is only available to residents of the UK. Please see Own Arts terms and conditions for more information.
9.4 Before processing your Own Art/Hitachi application CultureLabel is under obligation to confirm the availability of the artwork before progressing the application past initial enquiry stages. Only once CultureLabel has confirmed the availability of the product, will the application be processed. Please see Hitachi’s terms and conditions for more information.
9.5 All orders placed through the Site will be subject to:
(a) CultureLabel’s official confirmation and acceptance of the order;
(b) any additional terms and conditions imposed by Hitachi;
(c) any additional terms and conditions imposed by Own Art;
9.6 When you place an application to use the Own Art scheme, we will send you an e-mail confirming receipt of your request, containing the details of your order. CultureLabel will then confirm the availability of the product to you and continue to process your enquiry through Hitachi, the finance providers, approved and regulated channels.
The email that we send to you confirming availability of your order is not an acceptance of the order by either CultureLabel, Own Art or Hitachi and is subject to credit checks.
9.7 The following terms will apply to the contract between you and CultureLabel for the sale of the product:
(e) All postage, customs and excise duty, VAT and any other taxes associated with the sale (where applicable) will be paid by you.
(f) You are required to pay Hitachi in pound sterling;
(g) The sale will be subject to any warranties implied under applicable law; and
(h) The contract between the Customer and the CultureLabel will be governed by the laws of England (and expressly excluding the United Nations Convention on the Sale of Goods) and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales.
(i) The CultureLabel Finance Services and these terms and conditions have been designed for sole use within the United Kingdom.
9.8 CultureLabel uses sophisticated technology in both running its website and in sourcing the product. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect. In this case we reserve the right to cancel (or agree an amendment with you in respect of) any contract if it has been entered into between you and CultureLabel and it contains this mistake. This will be without any liability to you.
10 IP Rights in the Site and materials published by us & others
10.1 Subject to paragraph 10.2below, we are the owner or the licensee of all IP Rights (defined below) in, relating to and in connection with the Site, CultureLabel and CultureLabel’s Services and other services, and in the material connected with or published on the Site and including without limitation the name “CultureLabel” and our logo(s), device(s) and get up. Such IP Rights are protected by applicable treaties around the world. All such IP Rights are reserved to us.
10.2 The Brand owners are the owners or licensees of all IP Rights (defined below) in, relating to and in connection with their products or services and in the material connected with or published on the Site relating to such products or services and including without limitation their brand names and logo(s), device(s) and get up. Such IP Rights are protected by applicable treaties around the world. All such IP Rights are reserved to the Brand owners.
10.3 For the purposes of this these terms and conditions "IP Rights" means all patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals of extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
10.4 You may print off one copy only, and may download one-time only extracts, of any page(s) from the Site for your personal reference only. You will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any materials appearing on the Site (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories).
10.5 You must not make any further copies nor must you modify the paper or digital copies of any materials you have printed off or downloaded in any way without our express written permission, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.6 Our status (and that of any identified contributors) as the authors and copyright owners or licensees of material on the Site must always be acknowledged.
10.7 You must not use any part of the materials on the Site for commercial purposes without obtaining our (or our licensors’ where applicable) prior written consent to do so.
10.8 If you print off, copy or download any part of the Site in breach of these terms and conditions , your right to use the Site will cease immediately and you must at our option return or destroy any copies of the materials you have made. We reserve all of our remedies at law including, but not limited to, seeking injunctions or other equitable relief and/or damages for any breach of the obligations in this section.
10.9 Whilst we do not claim to own any rights in any Content (which is not owned or controlled by us), uploaded, posted or otherwise transmitted by you on the Site you hereby grant to us a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and licence to use, reproduce, modify, adapt, perform or show in public, communicate to the public, distribute, transmit, broadcast and otherwise exploit such Content in any manor and in any medium known now or in the future including without limitation on the Site and any third party websites.
10.9 We shall own all rights, title and interest in an to any compilations of any Content uploaded, posted, or otherwise transmitted by you to us on the Site including all worldwide IP Rights therein.
10.12 Section 10 shall remain in effect after termination.
11 Information on the site
11.1 Commentary, content, recommendations and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user, or by anyone who may be informed of any of its contents.
11.2 We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
11.3 Section 11shall remain in effect after termination.
12.1 Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. This Disclaimer applies from your first use of the Site.
12.2 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or our services or in connection with the use, inability to use, or results of the use of the Site or our services, any websites linked to it or them and any materials posted on it, including, without limitation any liability for:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data;
Loss of goodwill;
Wasted management or office time; and
Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable)
12.3 You will not hold us responsible for other user, member or third party actions or inactions.
12.4 You should not assume that the offer or sale of any item is valid and/or legal simply because it is listed or recommended on the Site.
- 5 You agree to indemnify and hold us harmless from any losses or costs (including all legal fees) we incur arising directly or indirectly from your use of the Site and / or our services, any breach or alleged breach by you of these terms and conditions or any representations or warranties made in these terms and conditions or that you have given during any application process to become a Registered User.
12.6 The provisions of this section 12 will remain in force after termination
13 Linking to the Site
13.1 You may link to our home page, provided that in each case you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location to which you link complies in all respects with these terms and conditions . Links to or from any other parts of the Site are not permitted without CultureLabel’s prior written consent.
13.2 You must not:
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on the part of CultureLabel or any Supplier without CultureLabel’s prior written approval;
(b) establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or
(c) take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of the Site or CultureLabel’s Services as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available non-customised browser. Without limitation to the foregoing, you must not frame any part of CultureLabel’s Services on any other website.
13.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with section 8.
13.2 If you wish to make any use of material on the Site or if you wish to establish links other than that set out above, please address your request to email@example.com
13.3 We reserve the right to withdraw linking permission without notice at our sole discretion.
13.4 Section 13 will remain in force after termination.
14 Links from the Site
14.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We do not monitor those other sites or any of the resources provided by third parties and further we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.2 You should also be aware that our terms and policies do not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.
14.3 Section 14will remain in force after termination.
15 Suspension and Termination
15.2 We may at our option terminate or restrict your access to the Site or some or all of the services provided by us without prior notice to you in the following circumstances:
(a) where we consider (in our sole discretion) that you are abusing the Site, the services or other members or users or where you are acting in breach of these terms and conditions;
(b) where there is a regulatory or statutory change limiting the ability to provide access to the Site or the services; or
(c) where there is an event beyond our reasonable control preventing us from providing access to the Site or the services.
16.2 Any failure or delay by us in enforcing compliance with these terms and conditions shall not be a waiver of that or any other provision.
16.3 If any provision of these terms and conditions is unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.
16.4 A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these terms and conditions but this does not affect any right or remedy of a third party specified in those documents or which exists or is available apart from that Act.
16.5 No agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is intended or created by these terms and conditions.
16.6 In our sole discretion we may assign the rights or obligations under these terms and conditions to a third party by giving you notice in accordance with the Notices section below (but without your express consent), .
16.7 The headings in these terms and conditions are for reference purposes only and do not limit the scope of extent of this User Agreement.
16.8 Section 16 will remain in force after termination.
17 Entire Agreement
These terms and conditions constitute the entire agreement between us and you as to your use of the Site and the services we provide to Registered Users.
18 Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms and conditions are governed by English law.
19 Your concerns, complaints and notices
19.2 If you have any concerns about material which appears on the Site or complaints about or relating to the Site, please contact firstname.lastname@example.org.
19.3 Any notices to be given by either you or us pursuant to or in connection with these terms and conditions shall be deemed sufficiently given by us to you when forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given to us in your application to become a Registered User, or such other email address as you may later provide to us, and when given by you to us at the following e-mail address: email@example.com.
20 Refunds & Cancellations
If your goods are faulty, you must send the product back to the supplier within 30 days of receipt. Once the supplier has confirmed with CultureLabel that they have received the products you will then be issued with a refund within 14 days of confirmatio.
For other non-damaged/faulty returns please make sure your items are returned new, and unused. Returns that have been damaged in return and/or been used will not be accepted and will be sent back to the customer.
You have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state ("CRD")), all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods or services you ordered. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the specified address.
Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
Other cancelled products: If you want to cancel products that are not damaged or incorrectly supplied, then you must inform us of this within 14 calendar days the day after you receive the goods or services in accordance with the CRD or otherwise as soon as possible. You must take reasonable care of the products that you wish to cancel. Products should be returned in or with their original packaging
This is not intended to be a full statement of all your rights under the CRD. Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.
In the case of damaged or incorrectly supplied goods, we may offer you a replacement product. Any refunds given by us will be made to the debit/credit card account or by cheque (as applicable) provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection, as outlined above.
For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, product shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure.
If your product is delayed we will look to offer you compensation by way of a 10% discount or £10 voucher.
22 Changes to your order
Any changes to your order must be notified to us via email or phone call and within a reasonable time. If you amend or change your order you may find there are changes to your delivery timetable and / or the price you pay for the item (you will be charged the current selling price on the day you amend your order).
Damaged or incorrectly supplied products: You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
This is not intended to be a full statement of all your rights under the CRD. Full details of your rights under the CRD are available in the UK from your local Citizens’ Advice Bureau or your Local Authority’s Trading Standards Office.