FORMALITIES
We supply our works of art to our clients on the following terms, subject to the exclusion of any other terms or conditions unless these are specifically agreed in writing by Feticheart.
For ease of writing we will refer to the works of art as "The Goods", Fétiche Art as “The Artist” and the website visitor/customer as “The Client”.
1) Disclaimer
The Goods appearing on this website are on principle informal. All details including prices, sizes, models etc. may change at any given time.
Despite all effort on our part to keep the website up to date, a guarantee cannot be given, that an article on offer (particularly for limited editions and special offers) may still be available at the time of ordering or can be delivered on the same terms.
An order may be rejected by The Artist without reason or delivery made dependent on additional conditions.
Should delivery (on agreed terms) not be possible, you will be informed at once. Providing you don't choose an alternative article, payments already made will be returned in full.
Although The Artist carefully examines and updates this web site, we do not give any warranty or guarantee that all information, contents, data and links contained on this website are always current and correct. All parts of this website can be deleted or changed at any time without previous announcement. Any liability for damages, consequential loss, suffered pain, lost profit, loss of data or other demands, that arise by the use or disuse of our on-line offer or by the use of incorrect and incomplete information or in the connection with it, is excluded.
The Artist reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information that is incomplete or incorrect, will therefore be rejected.
All offers are not binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by The Artist without separate announcement.
2) Payment
All deliveries are exclusively carried out against cash in advance, paid in Pounds Sterling.
Important: Bank charges/transfer fees must be paid by the customer. Please take notice of this when you advise your bank.
3) Ownership - Ownership of the goods remains with The Artist until The Client pays the agreed price in full, whereupon it passes to The Client. For this purpose, regardless of the method of transfer of funds used by The Client, payment in full means that the agreed amount has been credited to The Artists account.
Notwithstanding the above, the risk in the goods passes to The Client only upon delivery. If The Goods go missing or are damaged before it is delivered to The Client it's The Artists problem. If The Goods go missing or are damaged after The Client has signed for The Goods it is The Clients problem.
4) Right to rescind the contract
The Client order is considered final. One is obliged to accept The Goods and to payment of the price stated in the confirmation/bill, subject to reasonable returns for reasons agreed with the artist e.g. damage
etc.
5) Order and reservation of limited editions
If pictures are ordered from limited editions ("Giclée prints") the requested picture (if available) is reserved for The Client for a period of 10 working days. Confirmation of order will be sent. Should the payment not arrive within this time, the reservation expires and an obligation to deliver no longer exists.
6) Terms of delivery
Terms of delivery begin on day of receipt of the payment confirmation of our bank. Goods specially produced for a Client (original enlargements etc.) are usually sent out within two weeks after payment has been received. Subject to no unforeseen events or bottlenecks in production.
7) Exclusion of liability
No liability is accepted by The Artist should a photo fail to be delivered or should delivery on time not be possible, even when delivery and date has been confirmed. Liability is restricted to reimbursement of payment already made. Further claims, in particular claims for compensation are out of the question.
8) Shipping - Goods are dispatched carriage paid and insured, and the risk therein is with The Artist and our agents until the goods are delivered.
Notwithstanding the above, The Artist will accept no responsibility in respect of non-delivery of the goods, unless The Client or his agent notifies The Artist and the relevant carrier within seven days of the anticipated delivery time advised in the notice of dispatch.
9) Completion of contract
The contract is considered completed as soon as The Goods have been handed over to the transport firm (usually post).
10) Transport, customs and taxes
All purchase prices include VAT. The legal VAT for delivery within UK is included in prices shown for UK.
Delivery abroad may involve costs such as customs, other charges and taxes within the receiving country and must be paid by the customer directly at the local authorities office.
11) Damage - Goods should be inspected upon delivery and any loss or damage (including tooth or axe marks) noted on the carrier's delivery documents at the time of signing for the goods.
If the goods are accepted without inspection this should be stated at the time of signing for them.
The Client, or his agent must notify any loss or damage in writing to the carrier and The Artist within three days of receipt of the consignment.
12) Returns - Returns are at The Client's risk, and the liability for the value of the goods is with The Client until The Artist or our agent signs for the returned goods.
13) Legal regulations in the country of destination
It is The Clients responsibility to ascertain, if The Goods ordered are in compliance with legal regulations in his country. No responsibility will be accepted for articles, which for whatever reasons, may not be imported in the said country. We are above all not bound to accept articles returned or refund payments already made. A voluntary refund may be considered from case to case but production and forwarding expenses and bank charges will definitely be deducted.
14) Photo reproduction on your computer's screen
Please bear in mind that because of different indicator instruments it is not possible to achieve an exact copy of the original picture through the internet. The electronic copy can only convey an impression of the original. Bear also in mind that, depending on indicator, the original photos can differ - in details, contrast and colour - to the electronic ones. The scaling down, the unavoidable screening and the limiting to a suitable web colour respectively grey spectrum leads to a change in the focus impression. Details such as the grain in the film material cannot be given.
The sizes shown on the order are approximate values and describe the size of the paper (the pictures itself is a bit smaller, because there is a white border). The size of the delivered photos/prints can differ because every picture is a handmade product made to specification and because the width-to-height ratio of a picture can differ from the standard formats.
Should a particular feature be required for use please state when ordering.
15) Referrals and links
The Artist dissociates himself expressly from all pages and their contents, which lie outside of this website and on which direct or indirect references (so-called "links") point. The appearance of a link on our website does not mean any recommendation or valuation of any kind. At the time of the placement of the link we could not find any illegal contents or links to such contents on the corresponding pages. It lies however beyond of our possibilities to examine these pages permanently. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. If you click on a link leading to other web-sites you do this on your own and sole responsibility. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.
16) Copyright
All contents of this website (photographs, digital artworks, illustrations, texts, design, sounds, ideas etc..) are of the copyright of The Artist. Displaying them on this site does not make them public property. Copyright and all publishing rights remain solely with The Artist.
If you purchase either prints or original images, no reproduction rights whatsoever are imparted with the sale of The Goods and the copyright of The Goods remains with The Artist. Any duplication or use of The Goods in other electronic or printed publications is not permitted without The Artists written agreement.
Reproduction of the images in any form for sale or reward is specifically prohibited without prior agreement with The Artist. If pictures are required for publishing or other commercial uses, please state when ordering, The Artist will be happy to discuss commercial reproduction rights.
All shown persons are of age (at least 18 years old) and have given their written agreement to the fact that their pictures are published by The Artist on this web-site. One points out expressly that this agreement does not have to include consent into the publication of the photos in other contexts, in particular on other websites. The unauthorised use of photos can represent a personal rights infringement, which can be prosecuted and involve civil liability. The Client assumes all liabilities for unauthorised use or publication of pictures.
Product names or brand names possibly specified on this website are registered brand names and property of the appropriate right owners. They are subject without restriction to the regulations of the valid laws and the possession rights of the registered owners. The denomination of brand names does not mean that these are not protected by rights of third parties.
The Artist intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
17) Unauthorized reproduction - The Client agrees to indemnify The Artist in the event of unauthorized reproduction for profit of The Goods or any part of it, arising from his possession of the goods.
18) Legal validity of this disclaimer
These terms of use and liability exclusions are part of the internet offer of The Artist. Should parts, individual regulations or individual formulations of this text be or become ineffective or contain a regulation-contrarious loophole, the effectiveness of the remaining regulations is thereby not affected. The parties will replace the ineffective regulation by such a regulation, which comes as close as possible to the purpose desired of the ineffective regulation.
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
It is open to The Artist to update and change these terms at any time and with immediate effect.
19) Valid law, legal venue, place of settlement
Valid is exclusively UK law. Place of settlement is Oxford, UK. Legal venue is also Oxford, UK.
20) Acceptance of conditions
By entering into a transaction to purchase The Goods from this site, The Client will be deemed to have accepted all of the above conditions.
If you have any problem with these conditions please discuss it with The Artist before any transaction is entered into.
On ordering one of The Goods from the shop the above terms of sale and delivery apply.
Your order constitutes acceptance of these terms.
21) Privacy policy
If the opportunity for the input of personal or business data (e-mail addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymized data or an alias. The use of published postal addresses, telephone or fax numbers and e-mail addresses for marketing purposes is prohibited.
Fétiche Art values our relationship with you and the other users of our website and the services offered on it. We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information that we may collect when you use the site and the Fétiche Art Services. Any information personal or business data (e-mail addresses, name, addresses etc.) given to The Artist by Clients or potential clients in the course of enquiry or purchase will remain confidential and takes place expressly on a voluntary basis. It will be used by; The Artist or his agent(s) only to facilitate the completion of any transaction mutually entered into, or fulfilment of any legal obligations regarding recording and record keeping. We will not subsequently make any unsolicited contact with clients or pass information on to any third party except in response to legitimate demands from law enforcement or other agencies.
If you do not agree or are not comfortable with any part of this Privacy Policy, you may not use the website or the Fétiche Art Services.
What Types of Information Does Fétiche Art Collect From Me?
Personal Information. We collect Personal Information from you. As explained above, Personal Information is information that can be used to identify you individually, such as your name, mailing address, phone number, e-mail address, credit card number, and financial information.
On some pages, you can order products/subscriptions, make requests, or register to receive materials. The type of personal information collected on these pages is primarily e-mail addresses; however, you may also be asked to give a billing or shipping address, credit card information, etc. This information is used solely to complete the request or transaction you're involved in at that time and it is not retained for any other use.
Non-Personal Information. We also collect "non-personal" information from you. This information ("Non-Personal Information") cannot be easily used to personally identify you, such as your browser type, the URL of the previous website you visited, your ISP, operating system, and your IP Address.
Communications With Us. If you communicate with us regarding the Website or the Fétiche Art Services, we will collect any information that you provide to us in any such communication.
Analytic and Reporting Technologies. Like the operators of most web sites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, clickstream patterns, and the dates and times that the Websiteand the Fétiche Art Services are accessed.
How Does Fétiche Art Use My Information?
Personal Information. We use Personal Information primarily for fulfilling requests for information, producing and shipping the products that you order, and providing customer support.
Non-Personal Information. We use non-personal information to track your use of the Website and Fetiche ArtServices and for other internal purposes, particularly providing, maintaining, evaluating, and improving the Fetiche ArtServices and the Web Site.
When will Fétiche Art Disclose My Information to Third Parties?
Generally speaking, we do not intentionally disclose your information to third parties without your consent. In some instances, however, we reserve the right to do so because it is necessary to the operation and continued growth of our business or to protect the rights of others. These instances are discussed below:
Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order).
Disclosure to Third-Party Service Providers. We may contract with various third parties who help us provide and maintain the Website or the Services. For example, we use a third-party to process payments made to us, and may subcontract out production, fulfillment, or other operations. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. However, we cannot guarantee that such third parties will not disclose your Personal Information.
Information requested to complete a purchase or other type of transaction is used only for that limited purpose and is not maintained for other uses. Your personal information is not stored on line and is never sold or transferred to other parties.
What About Cookies?
A cookie is a message that is sent to your computer from a web server and stored on your computer's hard drive. Most web sites use cookies. We use cookies to track your use of the Website and the Fétiche Art Services, provide you with a more personalized user experience, and to allow you to sign in and begin use of the Fétiche Art Services automatically when you visit the Web Site. We may also use cookies to ensure that you have been notified of and agreed to the then-current version of the Terms of Service, Privacy Policy, and any other agreements and policies relating to your use of the Website or the Fétiche Art Services.
Does Fétiche Art Protect My Personal Information?
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Does This Privacy Policy Apply When I Access Third Party Web Sites?
You may be able to access third-party web sites directly from the Web Site. This Privacy Policy does not apply when you access such web sites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third-party websiteyou visit before using it or disclosing your Personal Information to its provider.
What About Children's Privacy? Under Eighteen. The Fétiche Art Services are intended for users ages eighteen and older. Accordingly, we will not knowingly collect or use any Personal Information from persons that we know to be under the age of eighteen. In addition, we will delete any information in our database that we know originates from a child or person under the age of eighteen.
This site is protected by UK and International copyright laws.
All Content Copyright 2005/08 Fétiche Art. All rights reserved.
No part of this site, image, text or otherwise may be reproduced or transmitted in any form of media or by any means without written permission from the copyright holder, Fétiche Art.
Use of this website constitutes acceptance of the Terms of Service and Privacy Policy.














