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Terms of Service

 

 

TABITHA LYONS UK STORE TERMS OF SALE

 

LAST REVISED: 28th April 2023

 

Each product you purchase (“Merchandise, Prints, Digital Sets”) through the European version of the Tabitha Lyons Store located at https://www.tabithalyons.com/shop (the “Tabitha Lyons UK Store”) is sold to you by Tabitha Lyons, 5 Mere Farm, Bell Lane, Saham Toney, Norfolk, IP25 7HD (“Tabitha Lyons” or “we”).

You should carefully read the following Terms of Service (“Terms of Service“). By placing an order on or through the Tabitha Lyons UK Store, you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have permission from your parents or a legal guardian to enter into this legal contract. 

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Your use of this Website

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You must only use this Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may use and download content on the Website solely for your own personal use or internal business purposes. Other than for your own personal use or internal business purposes, you may not without our prior written consent:

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  • Copy, reproduce, use or otherwise deal with any content on the Website;

  • Modify, distribute or re-post any content on the Website for any purpose;

  • Use the content of the Website for any commercial exploitation whatsoever.

 

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

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  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same;

  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

 

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

 

Pricing

 

Prices do not include shipping fees, which will be added to the price of the Merchandise you are purchasing prior to your checking out.

 

Orders for Merchandise

 

By placing an order for Merchandise through the Tabitha Lyons UK Store, you agree that you are submitting a legally binding offer to purchase the Merchandise from Tabitha Lyons. Your order is accepted and a contract is concluded once Tabitha Lyons sends you an email confirming that your order has been accepted (a “Confirmation Email”).

Different payment methods, such as credit or direct debit cards, may be available to you when making a purchase through the Tabitha Lyons UK Store. When you use third party payment providers, such as PayPal, that provider’s additional terms, and costs, may apply. Payment is due immediately as soon as you receive your Confirmation Email.

 

Right of withdrawal

 

If you are a EU/EEA/UK resident, you have the right to withdraw from this contract within 14 days without giving any reason. Your right of withdrawal does not apply for sealed audio video recordings or sealed computer software which were unsealed after delivery. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Merchandise.

To exercise the right of withdrawal, you must inform us (Tabitha Lyons, 5 Mere Farm, Bell Lane, Saham Toney, Norfolk, IP25 7HD) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, email). We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Merchandise back or you have supplied evidence of having sent back the Merchandise, whoever is the earliest. You shall send back the Merchandise via royal mail, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.

The deadline is met if you send back the Merchandise before the period of 14 days has expired. You will have to bear the direct cost of returning the Merchandise. You are only liable for any diminished value of the Merchandise resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Merchandise.

 

Delivery

 

Unless otherwise agreed with you, we aim to deliver the Merchandise by transferring the physical possession or control of the Merchandise to you without undue delay, but no later than 30 days from the date of receipt of the Confirmation Email. If we fail to fulfil our obligation to deliver the Merchandise at the time agreed upon with you or within 30 days following the receipt of the Confirmation Email, we advise you to contact our customer service to arrange delivery within an additional time period appropriate to the circumstances. If we fail to deliver the Merchandise within that additional time period, you may be entitled to terminate the contract and get a full refund. Please note that you may have recourse to other remedies provided by your national law.

For Merchandises sent with tracked delivery by a courier, we require you to inspect the received parcel for any damage to the Merchandise in the presence of the courier representative. If you notice any damage, we suggest you to refuse acceptance of the parcel and to clearly outline the reasons for declining acceptance on the proof of delivery and to immediately contact our Customer Service for a refund or replacement of the product.

 

Legal warranty of conformity

 

If you are a EU/EEA/UK resident and if the Merchandise ordered by you does not comply with the description given at the time of purchase on the Tabitha Lyons UK Store or if it cannot be used for normal purposes, is not of normal quality or does not perform as can be reasonably expected, then the regulations of statutory law may apply as you may benefit from a legal warranty of conformity under your national law.

You may return a Merchandise by shipping it back to Tabitha Lyons (“Tabitha Lyons, 5 Mere Farm, Bell Lane, Saham Toney, Norfolk, IP25 7HD”), along with a copy of the receipt or other proof of purchase, as applicable, if the Merchandise does not conform to the terms of these Terms of Sale. The return process can be initiated by contacting Customer Service at tabitha@artyfakes.co.uk

 

Import Duty and customs

 

If you are not a resident of the European Union (“Non-EU residents”) and order Merchandise from the Tabitha Lyons UK Store for delivery outside the European Union, you hereby acknowledge and agree that: (i) Merchandise is shipped from the European Union; and (ii) you are solely responsible for any import duties and taxes which may be levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes to the applicable local customs office. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

For Non-EU residents, you must comply with all applicable laws and regulations of the country for which the products are destined.  

 

Limitation of Liability

 

Tabitha Lyons may only be liable in accordance with statutory law (a) for damages arising as a result of injury to life, limb or health; (b) in case of harmful intent; (c) in case of gross negligence; (d) if Tabitha Lyons is in breach of the requirements of product liability acts according to statutory law or (e) is in breach of an accepted guarantee. In any other cases Tabitha Lyons is only liable for slight negligence if Tabitha Lyons is in breach of a “material” contractual obligation hereunder. “Material” in this sense are obligations which are necessary for the fulfilment of these Terms of Sale, the breach of which would jeopardise the purpose of the Terms of Sale and the compliance with which you may generally trust. In such cases, Tabitha Lyons’ liability will be limited to typical and foreseeable damages; in other cases Tabitha Lyons shall not be liable for slight negligence.

 

Customer service

 

Customer service contact details can be found by emailing tabitha@artyfakes.com. In the event of any requests which you may have in connection with your purchase of products on the Tabitha Lyons UK Store, please first contact our customer service.

 

Alternative Dispute Resolution

 

If you are not satisfied with the resolution of your request by our customer service and if you are a resident of the European Union, the European Commission provides for an online dispute resolution platform which is accessible at http://ec.europa.eu/consumers/odr. You may, at your own discretion, resort to this platform as an alternative to the general courts of law.

 

Governing Law

 

The Terms of Sale shall be governed by and construed in accordance with the law of the United Kingdom, excluding its conflicts of law rules and excluding the UN Convention on Contracts for the International Sale of Goods.  Please note that consumer protection provisions mandatory in your country of residence continue to apply.

 

Severability

 

If any of these Terms of Sale are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

 

Waiver

 

Should Tabitha Lyons fail to, or elect not to insist upon strict performance of any of your obligations under these Terms of Sale, or should we fail to exercise any of the rights or remedies to which we are entitled, such failure or inaction shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.  A waiver by us of any default shall not constitute a waiver of any subsequent default. 

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